STIPULATION AND [PROPOSED] ORDER MODIFYING PRETRIAL ORDER

JON S. TIGAR, District Judge.

Pursuant to Local Rules 6-1, 6-2, and 7-12, Plaintiffs and Defendant SimplexGrinnell LP hereby stipulate as follows:

WHEREAS, the current pretrial Order provides for a mediation deadline of January 15, 2014;

WHEREAS, the parties have completed all fact discovery and nearly concluded expert discovery;

WHEREAS, there are several substantive and dispositive motions pending before the court that require additional briefing; namely, Defendant's motions to strike Plaintiffs' experts' reports and preemptive motion to deny class certification;

WHEREAS, there is a dispositive motion pending before the court that is fully briefed; namely, Plaintiffs' motion for partial summary judgment;

WHEREAS, the parties have discussed their respective settlement positions with the mediator and all agree that the resolution of the pending motions is necessary before there can be a reasonable chance of settlement; and

WHEREAS, the resolution of these motions and Plaintiffs' expected motion for class certification will likely lead the parties to more constructively engage in mediation;

It is hereby stipulated and agreed by the Parties, if the Court approves, that the parties' expert deposition and mediation deadlines are extended, as follows:

1. Mediation Deadline: 5/16/14

2. The briefing and hearing schedule contained in the Court's January 2, 2014 Order shall remain in effect.

[PROPOSED] ORDER

Pursuant to Stipulation of the Parties, IT IS SO ORDERED.