Filed: Nov. 03, 2017
Latest Update: Nov. 03, 2017
Summary: JOINT STIPULATION AND ORDER FOR THIRTY-FIVE DAY CONTINUANCE OF SUMMARY JUDGMENT AND DISCOVERY CUT-OFF DEADLINES WHILE PARTIES ENGAGE IN MEDIATION KIMBERLY J. MUELLER , District Judge . IT IS HEREBY STIPULATED by and between Plaintiff SHLANDA JOHNSON ("Plaintiff") and Defendant LKQ FOSTER AUTO PARTS, INC. ("Defendant") that GOOD CAUSE exists for an additional thirty-five (35) day extension of time, until December 8, 2017, for Defendant and Plaintiff to e-file any dispositive motion and suppo
Summary: JOINT STIPULATION AND ORDER FOR THIRTY-FIVE DAY CONTINUANCE OF SUMMARY JUDGMENT AND DISCOVERY CUT-OFF DEADLINES WHILE PARTIES ENGAGE IN MEDIATION KIMBERLY J. MUELLER , District Judge . IT IS HEREBY STIPULATED by and between Plaintiff SHLANDA JOHNSON ("Plaintiff") and Defendant LKQ FOSTER AUTO PARTS, INC. ("Defendant") that GOOD CAUSE exists for an additional thirty-five (35) day extension of time, until December 8, 2017, for Defendant and Plaintiff to e-file any dispositive motion and suppor..
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JOINT STIPULATION AND ORDER FOR THIRTY-FIVE DAY CONTINUANCE OF SUMMARY JUDGMENT AND DISCOVERY CUT-OFF DEADLINES WHILE PARTIES ENGAGE IN MEDIATION
KIMBERLY J. MUELLER, District Judge.
IT IS HEREBY STIPULATED by and between Plaintiff SHLANDA JOHNSON ("Plaintiff") and Defendant LKQ FOSTER AUTO PARTS, INC. ("Defendant") that GOOD CAUSE exists for an additional thirty-five (35) day extension of time, until December 8, 2017, for Defendant and Plaintiff to e-file any dispositive motion and supporting papers pursuant to Federal Rule of Civil Procedure 56. The Parties have agreed to attend mediation, and, therefore, believe that continuing the dispositive motion deadline by thirty-five days will facilitate the Parties' ability to attend mediation and permit the Parties to devote their respective efforts towards settlement.
Moreover, because the Parties are hereby stipulating to a thirty-five day extension of time, until December 8, 2017, for Defendant and Plaintiff to file and serve any dispositive motion and supporting papers, the Parties further stipulate that responding party's deadline to respond to any dispositive motion shall likewise be extended, to December 22, 2017, and the moving party's deadline to reply, if any, shall be extended until January 5, 2018 (extended because of Christmas and New Year's holidays).
The Parties further stipulate to extend discovery cut-off in this case by a period of thirty days, to January 17, 2018, in order to further facilitate settlement and progress at mediation.
Finally, Counsel for Plaintiff wishes to apprise the Court that, should the case not resolve at mediation, Plaintiff's counsel will be seeking a 45-day trial continuance due to pregnancy. Counsel is presently due March 2, 2018, and should the case not resolve, respectfully requests a 45-day trial continuance in order to be able to return to work from maternity leave and properly prepare for trial in the event the case does not resolve at mediation or is not disposed of on summary judgment. Counsel for Defendant does not oppose this request should Plaintiff make it.
IT IS SO STIPULATED:
ORDER
The parties jointly request (ECF No. 67) to amend dates in the amended status (pretrial scheduling) order (ECF No. 50). Good cause appearing, the court GRANTS this request. In light of the parties' request, the court will hold defendant's motion to stay (ECF No. 56) in abeyance pending a report from the parties regarding the outcome of their mediation attempts.
Description Existing Date New Date
Discovery Cutoff December 15, 2017 January 17, 2018
Expert Disclosures December 15, 2017 January 17, 2018
Supplemental Expert Disclosures January 5, 2018 February 7, 2018
Completion of Expert Discovery January 19, 2018 February 21, 2018
All Dispositive Motions Hearing Date December 4, 2017 (ECF December 8, 2017
Nos. 65-66) (filed); December 22,
2017 (response);
January 5, 2018 (reply).
Heard by January 12,
2018.
File Joint Pretrial Conference Statement March 2, 2018 VACATED to be reset
as needed.
Final Pretrial Conference March 23, 2018 VACATED to be reset
as needed.
Trial Briefs Due April 23, 2018 VACATED to be reset
as needed.
Trial May 7, 2018 VACATED to be reset
as needed.
This amendment does not alter any other portions of the amended status (pretrial scheduling) order (ECF No. 50).
IT IS SO ORDERED.
