JOINT STIPULATION AND [PROPOSED] ORDER FOR CONTINUANCE OF MEDIATION DEADLINE AS MODIFIED

VINCE CHHABRIA, District Judge.

Pursuant to Civil Local Rules 6-1, 6-2, 7-11, 7-12 and 16-2(e) and ADR Local Rule 6-5 for the Northern District of California, Plaintiff Federated Ranch and Brokerage International, Inc. ("Federated") and Defendant Peerless Insurance Company ("Peerless"), collectively the "Parties," by and through their respective attorneys of record, hereby stipulate, and request that the Court enter an order thereon, to extend the mediation completion deadline to October 10, 2014. In support of this stipulation and requested order, the Parties state as follows:

WHEREAS, Plaintiffs filed a Complaint in Contra Costa County Superior Court on September 9, 2013, and the case was removed to United States District Court for the Northern District of California on October 10, 2013;

WHEREAS, the Court issued a Case Management and Pretrial Order on January 24, 2014 (ECF No. 18);

WHEREAS, in the Case Management and Pretrial Order, the Court ordered the Parties to participate in a private mediation to be completed within 120 days (ECF No. 18);

WHEREAS, on May 20, 2014, the Parties filed a joint stipulation and proposed order for continuance of mediation deadline to August 25, 2014 in order for Federated to provide written responses to Peerless' discovery requests so that Peerless could determine whether depositions were necessary before participating in mediation (ECF No. 20);

WHEREAS, on May 23, 2014, the Court granted the Parties' joint stipulation and ordered the mediation deadline to be continued to August 25, 2014 (ECF No. 22);

WHEREAS, Federated provided its written discovery responses on May 30, 2014;

WHEREAS, Federated provided verifications to its written discovery responses on June 16, 2014;

WHEREAS, after reviewing Federated's written discovery responses, Peerless determined that depositions of Plaintiff and third party witnesses were necessary before participating in mediation, and Peerless met and conferred with Federated's counsel regarding certain of Federated's discovery responses;

WHEREAS, the Parties agreed that depositions of Plaintiff and third party witnesses would take place on July 29, 2014 and July 31, 2014;

WHEREAS, prior to the depositions of Plaintiff and third party witnesses, Plaintiff's counsel requested that the depositions be rescheduled due to scheduling conflicts;

WHEREAS, Federated's counsel has agreed to provide supplemental responses to certain of Peerless' discovery requests;

WHEREAS, the Parties have agreed that the depositions of Plaintiff and two third party witnesses will take place during the week of August 18, 2014;

WHEREAS, Peerless desires to take said depositions before participating in a mediation;

WHEREAS, there has only been one prior modification of the mediation deadline or the pretrial schedule, as identified herein;

WHEREAS, none of the Parties will be prejudiced by the modification of the mediation deadline; and

WHERAS, the Parties are only seeking a continuance of the mediation deadline identified herein, and the requested order continuing the mediation deadline would not require the continuance of any other deadlines, as trial is set for April 13, 2015 (ECF No. 18).

NOW, THEREFORE, THE PARTIES, THROUGH THEIR COUNSEL, HEREBY STIPULATE AND AGREE AND SEEK AN ORDER AS FOLLOWS:

The mediation deadline is extended from August 25, 2014 to October 10, 2014.

IT IS SO AGREED AND STIPULATED.

PURSUANT TO STIPULATION, IT IS ORDERED that:

The mediation deadline is extended from August 25, 2014 to October 10, 2014. A Case Management Conference is scheduled for October 28, 2014, at 10:00 a.m. A joint updated case Management conference is due no later than October 21, 2014.