MORRISON C. ENGLAND, JR., District Judge.
Plaintiff RICHARD HRANAC ("Hranac" or "Plaintiff") and Defendant LINDE, LLC ("Linde" or "Defendant"), have been diligently working to complete all discovery by the May 4, 2018, deadline. However, due to unforeseen issues, the parties have been unable to complete the deposition of non-party witness Paul Ares. The parties are also currently engaged in settlement negotiations.
Plaintiff served Ares with a deposition subpoena on April 4, 2018, commanding Mr. Ares to appear for deposition on April 16, 2018. Without any excuse, Mr. Ares did not appear for his deposition. Defendant then served another subpoena on Mr. Ares, commanding him to appear for deposition on May 3, 2018. Mr. Ares responded indicating that he was not available any time prior to the discovery cutoff. Defendant is confident that Mr. Ares will appear for deposition once a mutually agreeable date is selected.
Therefore, the parties, by and through their respective counsel of record, hereby stipulate and agree that that the non-expert discovery cutoff should be extended until August 3, 2018.
Pursuant to the stipulation of the parties and good cause appearing, the Court hereby ORDERS that the non-expert discovery cutoff shall be extended up to and including August 3, 2018.
IT IS SO ORDERED.