PARTIES' STIPULATION AND REQUEST TO MODIFY THE PRE-TRIAL SCHEDULING ORDER; AND ORDER THEREON

TROY L. NUNLEY, District Judge.

TO THE HONORABLE COURT, pursuant to Federal Rule of Civil Procedure 16(b)(4), this Court's Pre-Trial Scheduling Order (ECF No. 6), and Honorable Troy L. Nunley's Standard Information, plaintiff CSAA Insurance Exchange ("Plaintiff"), and Defendant Broan-NuTone LLC ("Defendant") (collectively the "Parties"), by and through their respective counsel of record, hereby stipulate, agree, and request that the Court modify the Pre-Trial Scheduling Order ("Scheduling Order") (ECF No. 6), for which good cause exists, as follows:

WHEREAS, this subrogation action arises from seven separate claims involving Plaintiff's insureds. Plaintiff alleges that each of its insured's properties contained ceiling fans designed and manufactured by Defendant. Plaintiff has asserted causes of action for Strict Product Liability, Failure to Warn, Negligence, Negligent Failure to Recall/Retrofit, and violation of the Consumer Legal Remedies Act of California (Civil Code section 1750, et seq.)

WHEREAS, on February 15, 2017, this Court issued its Scheduling Order, setting forth the following deadlines and dates:

WHEREAS, thereafter, the parties have actively pursued discovery. The Parties have exchanged written discovery and production of documents, subpoenaed records from knowledgeable third-parties, and engaged in good faith efforts to resolve certain discovery disputes in an effort to avoid consuming Court resources, and protracted litigation. In addition, the Parties have taken thirteen (13) depositions, including witnesses to the subject fire(s), responding emergency personnel and investigators, and Plaintiff's and Defendant's Person(s) Most Qualified as to certain topics.

WHEREAS, on June 21, 2018, this Court continued the discovery deadline until July 30, 2018. (ECF No. 27.) No other modifications to the Scheduling Order were made.

WHEREAS, Defendant will be filing a Motion to Sever with a hearing date in mid-September.

WHEREAS, given the trial date is currently scheduled on June 3, 2019, the Parties believe the Scheduling Order can be modified to extend the deadline to disclose experts and supplemental experts, thus allowing the parties sufficient time to hear the needed motion.

THEREFORE, the Parties stipulate, and respectfully request that this Court enter an order so modifying the Scheduling Order (ECF No. 6) as follows, or upon such dates thereafter that are convenient to the Court:

ORDER

COME NOW, the Parties' Stipulation and Request to Modify the Pre-Trial Scheduling Order came before this Court. Having found good cause therein, this Court modifies the Pre-Trial Scheduling Order (ECF No. 6) as follows:

IT IS SO ORDERED.