Filed: Mar. 07, 2018
Latest Update: Mar. 07, 2018
Summary: STIPULATION AND REQUEST TO MODIFY PRE-TRIAL SCHEDULING ORDER PURSUANT TO FRCP 16(b) [ PROPOSED ] ORDER THEREON WILLIAM B. SHUBB , District Judge . WHEREAS, the parties have been pursuing extensive discovery: a) approximately 20 depositions have already been taken; b) another 12 depositions are noticed or are about to be noticed c) multiple sets of documentary discovery have been exchanged WHEREAS a formal settlement demand was submitted last week that will require multiple defenda
Summary: STIPULATION AND REQUEST TO MODIFY PRE-TRIAL SCHEDULING ORDER PURSUANT TO FRCP 16(b) [ PROPOSED ] ORDER THEREON WILLIAM B. SHUBB , District Judge . WHEREAS, the parties have been pursuing extensive discovery: a) approximately 20 depositions have already been taken; b) another 12 depositions are noticed or are about to be noticed c) multiple sets of documentary discovery have been exchanged WHEREAS a formal settlement demand was submitted last week that will require multiple defendan..
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STIPULATION AND REQUEST TO MODIFY PRE-TRIAL SCHEDULING ORDER PURSUANT TO FRCP 16(b) [ PROPOSED ] ORDER THEREON
WILLIAM B. SHUBB, District Judge.
WHEREAS, the parties have been pursuing extensive discovery:
a) approximately 20 depositions have already been taken;
b) another 12 depositions are noticed or are about to be noticed
c) multiple sets of documentary discovery have been exchanged
WHEREAS a formal settlement demand was submitted last week that will require multiple defendants to evaluate. The demand could not have been submitted earlier because of the death of plaintiff Lawrence Spies Sr. and the need to formally determine the status of the remaining plaintiffs.
WHEREAS experts must be retained and disclosed in less than two months.
WHEREAS the parties have tentatively agreed to mediation or court-sponsored settlement conference .
WHEREAS, the parties all agree that extending the time for discovery, and the time of trial, for approximately 90 days will give the parties an opportunity to evaluate the substantial discovery that has been developed and to engage in serious negotiations before they are forced to incur the costs of the remaining depositions and the cost of retaining experts and submission of expert reports. The parties believe this will give them all a better chance of resolving this litigation.
The parties stipulate and agree that good cause exists to continue the deadlines for discovery and for Pre-Trial and Trial dates, and that this modification will cause no prejudice to any party herein, or in the lawsuit overall.
IT IS SO STIPULATED.
PROPOSED ORDER
The Court herein finds good cause exists to modify the Pre-Trial Scheduling Order (ECF 36) as follows:
The discovery cutoff is extended from March 26, 2018 to June 26, 2018.
The deadline for Expert Disclosures is extended from April 26, 2018 to July 26, 2018
The deadline for Rebuttals thereto shall be extended from May 21, 2018 to August 21, 2018
The deadline to file dispositive motions shall be extended from May 21, 2018 to August 21, 2018.
The deadline for depositions of expert witnesses will be extended from June 21, 2018 to September 20, 2018.
The final pretrial scheduling conference shall be continued from July 30, 2018 to November 5, 2018 at 1:30 p.m.
The jury trial date shall be continued from September 25, 2018 to January 8, 2019 at 9:00 a.m.
IT IS SO ORDERED.
