JOINT STIPULATED REQUEST AND [PROPOSED] ORDER TO CONTINUE TRIAL DATE AND PRE-TRIAL DEADLINES

VINCE CHHABRIA, District Judge.

STIPULATION

Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff Board of Trustees of the Ken Lusby Clerks & Lumber Handlers Pension Fund ("Plaintiff") and Defendants Piedmont Lumber & Mill Company, William C. Myer, Jr. and Wendy M. Oliver, as an individual and as the Trustee to the Oliver Family Trust, (collectively, "Defendants"), by and through their undersigned attorneys of record, make the following stipulated request to extend all pre-trial deadlines by 60 days and to continue the trial date and pre-trial conference as determined by the court for the reasons set forth below:

WHEREAS, on July 18, 2014, the Court granted the parties' Stipulation Revising Case Deadlines and set the trial date for April 6, 2015 and the non-expert discovery cut-off for October 13, 2014;

WHEREAS, the Parties have recently begun settlement discussions in an effort to resolve this matter;

WHEREAS, due to the unavailability of the Parties' selected mediator, the Parties have been unable to schedule mediation until September 3, 2014;

WHEREAS, under the present schedule, the last day to hand serve written discovery is September 10, 2014, just one week after the scheduled mediation;

WHEREAS, in the event the scheduled mediation does not resolve this case, Plaintiff asserts that it will be necessary to complete at least four depositions prior to the deadline for service of written discovery, including the depositions of non-party Carlos Elizondo, and Defendants Wendy M. Oliver, William C. Myer, Jr., and Piedmont Lumber & Mill Company;

WHEREAS, Parties agree that settlement of the matter will be more likely achieved if the discovery deadlines are continued for 60 days from the current deadlines, and the trial date and pre-trial conference are rescheduled accordingly.

NOW, THEREFORE, IT IS HEREBY STIPULATED BY AND BETWEEN PLAINTIFF AND DEFENDANTS AS FOLLOWS:

All deadlines contained in the Court's Stipulation and Order Revising Case Deadlines [Dkt. No. 78], that have not yet passed as of the date of this stipulation, shall be continued by sixty (60) days and the trial date and pre-trial conference date shall be continued as the court's calendar permits.

[PROPOSED] ORDER

Pursuant to the foregoing Stipulation, and good cause appearing therefor, the Court hereby orders that the Court's Stipulation and Order Revising Case Deadlines [Dkt. No. 78], be amended so that the following future deadlines will now apply in this case:

IT IS SO ORDERED.