JOINT STIPULATED REQUEST & ORDER TO MODIFY SCHEDULING ORDER

KIMBERLY J. MUELLER, District Judge.

Plaintiff NATHANIEL SMITH and Defendants CITY OF STOCKTON, OFFICER ROBIN HARRISON, OFFICER PATRICK MAYER, OFFICER MICHAEL PEREZ, and CHIEF OF POLICE ERIC JONES (hereinafter collectively referred to as "Defendants"), by and through their undersigned counsel of record, and subject to the approval of the court, hereby stipulate as follows:

Whereas, the discovery cut-off to complete expert discovery is May 26, 2017, and the last date by which dispositive motions must be heard is July 14, 2017; and

Whereas the parties had all expert depositions scheduled to be completed by the end of May. Plaintiff's only expert, Scott DeFoe, was scheduled to be deposed on May 12, 2017, but this deposition had to be cancelled at the last minute due to the sudden passing of Mr. DeFoe's mother on the evening of May 11, 2017; and

Defendants' two experts were scheduled to be deposed after Mr. DeFoe; and

The parties wish to maintain the status quo in terms of the scheduling of expert depositions with regards to Plaintiff's expert being deposed first, followed by Defendant' two experts; and

Whereas, the parties jointly request that the expert discovery cut-off date be modified to enable the parties time to complete expert discovery in the manner described above in order to accommodate Mr. DeFoe's period of bereavement; and

Whereas, expert testimony may provide crucial support for a dispositive motion such that the parties request the last day to hear dispositive motions be extended accordingly; and

Whereas, Plaintiff is incarcerated, and requests 3 weeks instead of the standard 2 weeks to file opposition to Defendants' anticipated dispositive motion, and Defendants are agreeable with that request in conjunction with the other modifications this stipulation seeks and conditional on the Court granting those modifications; and

Whereas, when an act must be done within a specified time, the court may, for good cause, extend the time with or without motion or notice of the court acts, or if a request is made, before the original time expires. Fed. R. Civ. P. 6(b)(1)(A); see also Johnson v. Mammoth Recreations, Inc. 975 F.2d 604, 609 (9th Cir. 1992) ("The district court may modify the pretrial schedule `if it cannot be reasonably met despite the diligence of the party seeking the amendment.'");

The parties request that the Court modify the operative scheduling order in this case as follows:

Based on the foregoing, the parties respectfully request that the Court approve this stipulated modification of the scheduling order.

ORDER

The Court, having considered the parties' stipulation, and good cause appearing, the Joint Stipulated Request to Modify the Scheduling is GRANTED and all parties shall comply with its provisions.

The Court modifies the operative scheduling order in this case as follows:

IT IS SO ORDERED.