STIPULATION AND ORDER TO EXTEND DISCOVERY AND RELATED DEADLINES

SANDRA BROWN ARMSTRONG, District Judge.

Plaintiff FELIPE CALDERON ("Plaintiff") and Defendant DAVEY TREE SURGERY COMPANY ("Defendant") (collectively "The Parties"), hereby stipulate and agree to the following:

WHEREAS, on November 6, 2012, the Honorable Saundra Brown Armstrong, pursuant to the Parties' stipulation, ordered that all motions, including dispositive motions shall be heard on or before March 12, 2013 at 1:00 p.m. (Court Docket No. 21);

WHEREAS, the Parties have exchanged written discovery requests and have otherwise engaged in mutual discovery. Each party intends to take one or more depositions in this case and Plaintiff's deposition is currently noticed for December 28, 2012;

WHEREAS, the Parties are still attempting to resolve this matter before incurring the significant costs and expenses associated with the completion of depositions, written discovery, and discovery motions, with preparing for trial and before incurring the potential disruption to the business of Defendant;

WHEREAS, Plaintiff's responses to Defendant's written discovery requests are overdue and Defendant intends to file a motion to compel responses if the matter cannot be resolved through a further meet and confer process. The Parties wish to have additional time to resolve discovery disputes prior to court intervention.

WHEREAS, the Parties the parties believe it would preserve the Parties' and the Court's resources were the Parties able to further explore a negotiated resolution to this case prior to engaging in further discovery and discovery motions;

WHEREAS, the Parties and their counsel respectfully request that: the January 4, 2013 non-expert discovery deadline be continued until February 15, 2013, so that the Parties may explore the informal resolution of this matter prior to completing all anticipated discovery; the deadline to designate expert witnesses be continued from January 4, 2013 to February 15, 2013; the deadline to disclose rebuttal witnesses be continued from February 1, 2013 to March 15, 2013; the deadline to complete all discovery pertaining to expert witnesses be continued from March 8, 2013 to March 29, 2013; and the deadline hear motions be continued from March 12, 2013 at 1:00 p.m. to April 26, 2013; and

WHEREAS, on October 18, 2012, by stipulation, the Parties previously requested an extension of deadlines in this case. Further extension of dates will not affect the May 13, 2013 trial date currently scheduled in this case;

THEREFORE, IT IS HEREBY STIPULATED by and between the Parties, through their respective counsel, that:

2. The deadline the deadline to designate expert witnesses be continued from January 4, 2013 to February 15, 2013;

3. The deadline to disclose rebuttal witnesses be continued from February 1, 2013 to March 15, 2013;

4. The deadline to complete all discovery pertaining to expert witnesses be continued from March 8, 2013 to March 29, 2012; and

5. The deadline to hear motions be continued from March 12, 2013 at 1:00 p.m. to April 26, 2013 at 1:00 p.m.

IT IS SO STIPULATED

As good cause exists due to Parties' attempts to resolve this matter before incurring the significant costs and expense associated with the completion of additional discovery, discovery motions, and trial preparation and before incurring the disruption to the business of Defendant, the Court hereby modifies its Order filed in this matter on November 6, 2012, as stipulated above.

IT IS SO ORDERED.