STIPULATED AGREEMENT AND ORDER UNDER FED. R. CIV. P. 16(b)(4) AND 29(b)

KENDALL J. NEWMAN, Magistrate Judge.

Pursuant to Federal Rules of Civil Procedure 16(b)(4) and 29(b), Plaintiff Sacramento Regional Public Safety Communications Center d/b/a Sacramento Regional Fire/EMS Communications Center ("SRFECC") and Defendant Tyler Technologies, Inc. ("Tyler," and together with SRFECC, "the Parties") jointly stipulate and request that this Court issue an Order amending the Scheduling Order in this case and extending the deadline for the Parties to complete fact discovery, as follows:

WHEREAS, the Court's Scheduling Order provides that it can be modified only by leave of Court upon a showing of good cause; and

WHEREAS, the Scheduling Order further provides that the assigned magistrate judge is authorized to modify the discovery dates to the extent any such modification does not impact the balance of the schedule; and

WHEREAS, on February 15, 2019, Tyler filed its Opposed Motion to Amend Scheduling Order (the "Motion"), requesting that the Court amend the Scheduling Order to extend the discovery, expert and dispositive motion deadlines in this case for a period of at least three (3) months based on the current status of discovery and related mattes; and

WHEREAS, on March 8, 2019, SRFECC filed an opposition to the Motion; and

WHEREAS, following the filing of the Motion, the Parties have agreed to complete document production and the depositions of three Tyler witnesses (David Bonini, Kevin Flynn, and Robert Motzny) and three SRFECC witnesses (Teresa Murray, Joe Theusen, and Diane House) (collectively, the "Agreed Discovery) and to attend an additional settlement conference (the "Settlement Conference"), which is likely to occur on May 16, 2019; and

WHEREAS, the parties have agreed to extend the discovery deadline in the Scheduling Order, which is currently set for April 2, 2019, and the expert deadline, which is currently set for April 23, 2019, until May 17, 2019 to accommodate the parties' desire to complete the Agreed Discovery and attend the additional Settlement Conference; and

WHEREAS, Tyler has agreed to temporarily withdraw without prejudice the Motion pending the completion of the Agreed Discovery and the Settlement Conference; and

WHEREAS, the Parties have further agreed that Tyler's withdrawal of its Motion shall not prejudice its ability to re-file and renew the Motion in the event the Settlement Conference is not completed or successful by May 17, 2019; and

WHEREAS, based on the Parties' desire to attend an additional Settlement Conference and the current status of discovery and related matters, as further outlined in the Motion, good cause exists to issue an order extending the discovery deadline pursuant to Fed. R. Civ. P. 16(b)(4);

IT IS HEREBY JOINTLY STIPULATED, by and between the Parties, through their respective counsel of record, and subject to the Court's approval, that the Scheduling Order be amended and the deadline for the Parties to complete fact discovery and submit expert reports be extended to May 17, 2019.

FURTHERMORE, subject to the Court's approval of this stipulation and reserving its right to re-file and renew the Motion and request an order from the Court extending additional deadlines in this case in the event the Settlement Conference is unsuccessful, Tyler HEREBY WITHDRAWS without prejudice its Opposed Motion to Amend Scheduling Order.