JOINT STIPULATION RE: CONTINUATION OF NON-EXPERT AND EXPERT DISCOVERY DEADLINES AND [PROPOSED] ORDER

[Originally Solano County Superior Court Action No. FCS047162]

WILLIAM B. SHUBB, District Judge.

TO THE U.S. DISTRICT COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

Plaintiff GEORGE WESTBROOK ("Plaintiff") and Defendant BALL METAL BEVERAGE CONTAINER CORP. ("Defendant"), by and through their respective counsel, hereby submit this Joint Stipulation pursuant to Federal Rule of Civil Procedures ("Fed. R. Civ. P.") 29 and Local Rules ("L.R.") 143, 144, and 230(f) and respectfully request that the Court issue an order granting this stipulation as set forth below pursuant to Fed. R. Civ. P. 29.

WHEREAS, on February 16, 2018, the Court issued an Order on the Parties' Joint Stipulation Re: Continuance of Trial and Discovery Deadlines that established updated discovery deadlines this action and a new trial date.

WHEREAS the parties have engaged in substantial discovery including the exchange of written discovery that included over two thousand documents and have completed the depositions of Plaintiff and the depositions of multiple key witnesses for Defendants.

WHEREAS, the Parties have once again agreed to attempt in good faith to resolve this matter though mediation before Mediator Mark Peters on or about April 30, 2018 in San Francisco.

WHEREAS, the current discovery cut-off dates and current expert disclosures are such that the parties would be required to expend substantial financial resources that could be better used to resolve this matter unless such dates are continued, in particular expert disclosure currently set for May 3rd, 2018 would require the parties to continue to now expend resources on expert fees and cost since little time would be available to prepare for their reports and disclosure following a mediation and possible follow-up negotiations.

WHEREAS, counsel for Plaintiff has a conflict with the current Final Pretrial Conference date of August 27, 2018 in that he will be in trial in Mendocino County Superior Court starting on August 6th for the entire month of August.

WHEREAS, moving all discovery cut-off date as set forth below would not impact or affect the current trial date set for October 16, 2018.

WHEREAS, the joint stipulation is not entered into with the intent to delay. By continuing the discovery cut-off dates and expert disclosure, there is no prejudice to any party.

WHEREAS the parties are not requesting a trial continuance.

WHEREAS, good cause exists for granting the Parties' request to extend the following deadlines and continue the trial date in accordance with Fed. R. Civ. P. 29.

NOW, WHEREFORE, for the foregoing reasons and for good cause shown, the requested stipulated deadline continuances are as follows:

a) The completion of non-expert discovery shall be extended from May 11, 2018 to June 11, 2018.

b) The deadline to notice all motions to compel non-expert discovery shall be extended from May 11, 2018 to June 11, 2018.

c) That expert disclosure be extended from May 3, 2018 to June 4, 2018

d) The completion of expert discovery shall be extended from June 28, 2018 to July 27, 2018.

e) The deadline to notice all motions to compel expert discovery shall be extended to from June 18, 2018 to July 18, 2018.

f) The deadline to file all motions, except for continuances, temporary restraining orders or other emergency applications is extended from June 18, 2018 to July 18, 2018.

g) The final pre-trial conference currently set for August 27, 2018 be continued to September 10, 2018 at 1:30 p.m.

THEREFORE, the Parties hereby stipulate and agree to extend the aforementioned discovery deadlines as noted above.

IT IS SO ORDERED.