STIPULATION AND [PROPOSED] ORDER TO CONTINUE PRETRIAL DATES

MARIA-ELENA JAMES, Magistrate Judge.

The parties, by and through their respective counsel, hereby stipulate and request that the following presently-scheduled pretrial dates be continued, as indicated, to accommodate the parties' ongoing settlement efforts.

The above requests are based on the parties' ongoing settlement efforts. On July 2, 2013, this

Court issued a Status Order suggesting the parties would benefit from further settlement discussions. In the same order, this Court requested the parties submit a joint status report and stated: "The parties shall also indicate whether they would like a continuance of any pending pretrial or trial deadlines while they continue with mediation."

The parties agreed to submit the matter, which previously had been mediated, to Judge Beeler for a settlement conference. The settlement conference was held on August 12, 2013 and did not result in settlement. However, Judge Beeler suggested the parties continue their efforts and a further settlement conference has been scheduled for September 10, 2013. Because the joint pretrial statement and motions in limine are due on September 12, 2013 and jury instructions, proposed voir dire and trial briefs are due on September 27, 2013, if the pretrial filing deadlines and other related dates are not continued, the parties will all be in the unfortunate position of committing significant resources to trial preparation in a matter they are attempting to resolve.

Continuing these dates should not affect the currently-scheduled final pretrial conference and trial date.

SO STIPULATED.

[PROPOSED] ORDER

Having reviewed the stipulation of counsel herein, IT IS HEREBY ORDERED that:

1. the last day to meet and confer re pretrial matters, presently set for August 28, 2013 be continued to September 16, 2013.

2. The last day to file joint pretrial statement and motions in limine, presently set for September 12, 2013, be continued to September 26, 2013.

3. The last day to file oppositions re in limine motions, presently set for September 19, 2013, be continued to October 3, 2013.

4. The last day to file joint jury instructions, verdict form, trial briefs and proposed voir dire, presently set for September 27, 2013, be continued to October 7, 2013.

5. The Pretrial Conference, presently set for September 26, 2013, be continued to October 10, 2013 at 10:00 a.m.

6. The final Pretrial Conference remains scheduled for October 24, 2013 at 10:00 a.m. 7. Trial remains scheduled for October 28, 2013, commencing at 9:30 a.m.

IT IS SO ORDERED.