STIPULATION AND JOINT MOTION FOR MODIFICATION OF THE CASE SCHEDULING ORDER TO EXTEND THE DISCOVERY CUTOFF DATE AND ORDER THEREON

CRAIG M. KELLISON, Magistrate Judge.

This Stipulation is submitted by Plaintiffs, Jesus Silva Rodriguez and Rigoberto Zepeda Loa and Defendants RCO Reforesting, Inc. and Roberto Ochoa, by and through their respective counsel of record herein. The parties respectfully submit this Stipulation to modify the case scheduling order and continue non-expert discovery and motions deadlines as follows:

The requested extension will not affect the trial date or any other case deadline. This stipulated request is made pursuant to Rule 16 of the Federal Rules of Civil Procedure for good cause. For the reasons that follow, the current non-expert discovery deadline cannot be met because Defendants have asserted that they are unable to comply with outstanding discovery requests in a timeframe that will allow Plaintiffs to complete all critical discovery necessary to the Plaintiffs. Plaintiffs diligently pursued both written discovery and depositions and have noticed the depositions of Defendant Robert Ochoa and various employees of RCO Reforesting, Inc. The depositions of Mr. Ochoa, one foreman, and one superintendent have been completed, but depositions for three other key witnesses have been continued due to scheduling conflicts and based on the request of the deponents and/or Defendants. Plaintiffs intend to notice those depositions, as well as two additional depositions by no later than April 6, 2018.

Plaintiffs served their Third Request of Production of Documents and Third Set of Interrogatories on Defendants on March 16, 2018. Subsequently, on March 20, 2018 Counsel for Defendants filed a "Motion to Withdraw as Counsel of Record for Defendants R.C.O. Reforesting, Inc. and Roberto Ochoa." (Doc. 54). Thereafter, counsel for Defendants, Samuel Maselli, requested an extension of 45 days to respond to the pending discovery. Plaintiffs have agreed to a 31-day extension of the time to respond to discovery conditioned upon Defendants' stipulating to, and the Court thereafter granting a modification of the Case Scheduling Order to allow for an extension of the discovery cut-off date to July 5, 2018 and an extension of the motions deadline to July 19, 2018. The case schedule has been modified once, to extend the discovery deadlines and other deadlines and reset the trial date (see Doc. 48), and one additional time to extend the opt-in period for the FLSA action (see Doc. 51). On all occasions modifications were granted based on a showing of good cause. (Id.)

For reasons stated above, the Parties believe that the good cause standard of Rule 16(b) is met and hereby stipulate as follows:

1. That the current deadline for completing discovery be extended to July 5, 2018;

2. That the current motions deadline be extended to July 19, 2018;

3. That in the event that the discovery and motions deadline are extended by the court, consistent with this stipulation, Defendants shall have their time to respond to Plaintiffs' Third Request for Production of Documents, and Third Set of Interrogatories, extended to June 18, 2018.

IT IS SO STIPULATED:

IT IS SO ORDERED.