STIPULATION AND ORDER RE CASE SCHEDULING ORDER

TROY L. NUNLEY, District Judge.

WHEREAS attorneys for the parties have conducted extensive written discovery, including document production, interrogatories, and requests for admission; and

WHEREAS third-party deponents have been successfully served with subpoenas, but the depositions have yet to be completed; and

WHEREAS attorneys for the parties have conducted depositions of seven (7) of eight Plaintiff's witnesses, including the Plaintiff himself, which was conducted over two (2) days on consent of Plaintiff's counsel; and

WHEREAS Plaintiff's counsel has completed 1 and a half depositions, including partially completing the deposition of Defendant Bob Deis, and completing one other defense witness; and

WHEREAS the parties have scheduled two (2) more depositions to be completed next week, including the deposition of Defendant Laurie Montes; and

WHEREAS there are several additional depositions that have been noticed, but the parties were unable to schedule them due to the many schedules that needed to be coordinated; and

WHEREAS without the depositions, neither party will be ready to competently proceed to summary judgment motions and/or trial; and

WHEREAS a brief extension of the discovery deadline will not otherwise delay the remainder of the schedule in this matter; and

WHEREAS lead trial counsel for Defendants begins a lengthy trial the last week of February, and is expected to be unavailable to conduct depositions for much of the month of March;

Good cause appearing, the parties agree and stipulate as follows:

The parties agree and request a scheduling order to modify the Order at Docket 68 as follows: