STIPULATION TO EXTEND DISCOVERY DEADLINES

TROY L. NUNLEY, District Judge.

The parties to this action hereby stipulate and agree to extend the discovery cutoff dates in this action for 90 days. Good cause exists for doing so, because the law office of Borba Frizzell & Kerns representing plaintiff, AVCON CONSTRUCTORS, Inc., located in Santa Rosa, was significantly impacted by the destructive fires in and around Santa Rosa. Not only was the office closed or functioning in just a limited capacity during the fires, but a Shareholder, Kristen Frizzell Kerns, who is the attorney who handles the day to day activities of this matter and a paralegal, suffered severe property loss as well, which caused continuing disruption after the fires as well.

The parties realize that this is the second extension of time stipulated in this case. The parties have agreed to mediate the case and are working on the selection of a mediator. If the case is not resolved through mediation, the parties commit to work co-operatively in good faith between themselves and with the Court to solve any problems that may arise out of this unforeseen setback to the prosecution of this lawsuit. Trial in this matter is set for October 15, 2018. The parties are not seeking a continuance of the trial date.

The deadline to complete discovery, as set forth in the Stipulation to Extend Discovery Deadlines and Order dated October 17, 2017 (Docket no. 17), is therefore stipulated to be continued from January 16, 2018 to April 13, 2018.

The deadline for designating expert witnesses as set in the Stipulation to Extend Discovery Deadlines and Order dated October 17, 2017 (Docket no. 17) is stipulated to be continued from March 19, 2018 to April 23, 2018.

IT IS SO ORDERED.