Filed: Oct. 17, 2017
Latest Update: Oct. 17, 2017
Summary: STIPULATION AND ORDER TO CONTINUE DISPOSITIVE MOTION DEADLINE TROY L. NUNLEY , District Judge . IT IS HEREBY STIPULATED, by and between Defendant NATIONAL RAILROAD PASSENGER CORPORATION ("AMTRAK" or "Defendant") and Plaintiff LENARD R. MATTHEWS, SR. ("MATTHEWS" or "Plaintiff"), (collectively referred to as "the Parties") as follows: WHEREAS, pursuant to the Court's Pretrial Scheduling Order on January 20, 2017 [Dkt. 13], pre-trial deadlines are as follows: • Fact discovery cut-off was on
Summary: STIPULATION AND ORDER TO CONTINUE DISPOSITIVE MOTION DEADLINE TROY L. NUNLEY , District Judge . IT IS HEREBY STIPULATED, by and between Defendant NATIONAL RAILROAD PASSENGER CORPORATION ("AMTRAK" or "Defendant") and Plaintiff LENARD R. MATTHEWS, SR. ("MATTHEWS" or "Plaintiff"), (collectively referred to as "the Parties") as follows: WHEREAS, pursuant to the Court's Pretrial Scheduling Order on January 20, 2017 [Dkt. 13], pre-trial deadlines are as follows: • Fact discovery cut-off was on M..
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STIPULATION AND ORDER TO CONTINUE DISPOSITIVE MOTION DEADLINE
TROY L. NUNLEY, District Judge.
IT IS HEREBY STIPULATED, by and between Defendant NATIONAL RAILROAD PASSENGER CORPORATION ("AMTRAK" or "Defendant") and Plaintiff LENARD R. MATTHEWS, SR. ("MATTHEWS" or "Plaintiff"), (collectively referred to as "the Parties") as follows:
WHEREAS, pursuant to the Court's Pretrial Scheduling Order on January 20, 2017 [Dkt. 13], pre-trial deadlines are as follows:
• Fact discovery cut-off was on May 18, 2017;
• Expert disclosures were due on July 13, 2017;
• Rebuttal expert disclosures were due 20 days after designation of expert witnesses;
• Dispositive motions are set for November 16, 207;
• Final pretrial conference is set for February 8, 2018 and
• Trial is set to commence on April 16, 2018;
WHEREAS, the Parties have completed written discovery;
WHEREAS, despite their best efforts, the Parties have been unable to complete all the necessary depositions, as Plaintiff and/or his counsel are unavailable to complete such depositions until early November 2017;
WHEREAS, pursuant to Federal Rule of Civil Procedure 16(b)(4), the Court may modify a scheduling order where good cause is present; and
WHEREAS, in order to complete the necessary depositions, the Parties jointly request that the dispositive motion deadline be extended.
THEREFORE IT IS HEREBY STIPULATED by and between the Parties, through their respective counsel, that the Parties jointly request that the Court continue the deadline set forth in the Court's Order [Dkt. 13] by extending the following deadline:
• Deadline to file dispositive motions to November 30, 2017 with hearing to be held on January 11, 2018.
The dates for the Parties' Final Pre-Trial Conference and Trial shall remain unchanged.
IT IS SO STIPULATED.
ORDER
The court, having considered the Parties' stipulation to continue discovery and dispositive motion deadlines, hereby orders that the deadline to file a dispositive motion to November 30, 2017, with the hearing to be heard on January 11, 2018. The dates for the Parties' Final Pre-Trial Conference and Trial shall remain unchanged.
IT IS SO ORDERED.
