STIPULATION AND [PROPOSED] ORDER TO CONTINUE PRETRIAL DEADLINES AND TRIAL DATE

MARIA-ELENA JAMES, Magistrate Judge.

IT IS HEREBY STIPULATED by and between Plaintiff the United States of America ("United States") and Defendant Fitz William Guerin ("Mr. Guerin"), by and through undersigned counsel and pursuant to Fed. R. Civ. P. 16(b)(4) and Local Civil Rule 6-2, that good cause exists and the parties request that the Court continue the pretrial and trial deadlines set forth in the Court's Order dated June 19, 2013 (Doc. # 11), and state as follows in support:

1. This case involves an evaluation of whether Mr. Guerin is liable for civil penalties, known as Trust Fund Recovery Penalties, made against him by the Internal Revenue Service pursuant to 26 U.S.C. § 6672, holding him personally liable for the unpaid federal withholding taxes of Orbit Travel Network, Inc. for the second quarter of 1998, and the second and third quarters of 1999.

2. Pursuant to the Court's June 19th Order, the following schedule is currently in place:

3. The parties are currently conducting discovery. Both parties have produced Initial Disclosures pursuant to Fed. R. Civ. P. 26(a)(1): Mr. Guerin has disclosed eight witnesses pursuant to Rule 26(a)(1)(A)(i), and sixty pages of documents pursuant to Rule 26(a)(1)(A)(ii); and the United States has disclosed twelve witnesses pursuant to Rule 26(a)(1)(A)(i), and over 1,500 pages of documents pursuant to Rule 26(a)(1)(A)(ii). Each party has also propounded and responded to at least one set of Interrogatories, Requests for Production of Documents, and Requests for Admissions, Mr. Guerin's deposition has been taken, and the parties have prepared a Joint Statement of Undisputed Material Facts pursuant to Civil Local Rule 56-2(b). The parties are also actively engaged in settlement negotiations. The parties hereby request an approximately 90 day extension of all existing deadlines, not for purposes of delay, but rather to allow the parties to complete discovery, explore the possibility of a negotiated resolution to this matter, and to prepare dispositive motions, if necessary. Specifically, the parties hereby respectfully request that the Court amend the schedule as follows (with the remaining provisions of the Court's June 19th Order remaining unchanged):

4. The parties previously sought and received two extensions of time in this matter 2013 one on March 6, 2013, and the other on June 19, 2013.

5. WHEREFORE the United States and Mr. Guerin hereby respectfully request that the Court extend the deadlines in this case by approximately 90 days, and grant such other and further relief as is just and proper.

Respectfully submitted this 27th day of September, 2013,

[PROPOSED] ORDER

Pursuant to the Stipulation of the parties, and for good cause shown therein, it is hereby ORDERED the deadlines set forth in the Court's Order dated June 19, 2013 (Doc. # 11), are continued as follows:

The remaining provisions of the Court's June 19th Order remain unchanged.

IT IS SO ORDERED.