STIPULATION AND [PROPOSED] ORDER REGARDING EXPERT DISCOVERY, FACT DISCOVERY, MOTION SCHEDULES, AND MEDIATION

JON S. TIGAR, District Judge.

WHEREAS, on June 9, 2014, the Court issued its Order (Document 224) granting in part and denying in part SimplexGrinnell's Motion to Enforce a Court Order (Document 204), striking Dr. Robert Fountain's Second Revised Report and providing that Plaintiffs could serve a third revised report by Dr. Fountain, as such report was limited in the Order;

WHEREAS, Plaintiffs informed SimplexGrinnell that Dr. Fountain could not serve his third revised report until June 30, 2014, and did serve the revised report on June 30, 2014 for next-day delivery to SimplexGrinnell;

WHEREAS, SimplexGrinnell needs sufficient time to review and analyze Dr. Fountain's revised report;

WHEREAS, SimplexGrinnell intends to take Dr. Fountain's deposition concerning his revised report;

WHEREAS, SimplexGrinnell intends to serve a rebuttal to Dr. Fountain's revised report;

WHEREAS, Plaintiffs intend to take the deposition of SimplexGrinnell's rebuttal expert;

WHEREAS, the new Plaintiffs, Gary Charles Backlund and Jose D. Valdez, served written discovery responses which were predicated, in part, upon Dr. Fountain's now stricken Second Revised Report;

WHEREAS, on June 11, 2014 and June 12, 2014, respectively, SimplexGrinnell took the depositions of Plaintiff Backlund and Plaintiff Valdez; however, a dispute arose as to whether SimplexGrinnell may resume the depositions following service of Dr. Fountain's revised report;

WHEREAS, the parties will use the additional time requested herein to resolve the dispute concerning the depositions of Plaintiff Backlund and Plaintiff Valdez;

WHEREAS, the parties have agreed to attend a mediation with Mark Rudy, Esq. on October 28, 2014;

WHEREAS, counsel for the parties have met and conferred and agree that additional time is necessary for the parties to complete expert discovery, to complete discovery as to Plaintiffs Backlund and Valdez, to adequately prepare for dispositive and class certification motions and to participate in a meaningful mediation;

WHEREAS, the parties agree upon and propose the following schedule:

IT IS THEREFORE STIPULATED AND AGREED AS FOLLOWS:

1. Defendant shall have until July 31, 2014 to depose Dr. Fountain for up to seven hours;

2. The deadline for Defendant to serve its rebuttal expert report shall be August 10, 2014;

3. Plaintiffs shall have until August 31, 2014 to depose Defendant's rebuttal expert for up to seven hours;

4. Subject to the parties reaching an agreement, Defendant shall have until September 19, 2014 to complete the depositions of Plaintiff Backlund and Plaintiff Valdez;

5. The deadline for all parties to file dispositive motions, motions relating to class certification, and Daubert motions ("Motions") shall be October 2, 2014;

6. The deadline for filing oppositions to Motions shall be November 10, 2014;

7. The deadline for filing replies to Motions shall be November 24, 2014;

8. The deadline for mediation shall be November 21, 2014;

9. The hearing on the Motions shall be December 4, 2014, or a date thereafter more convenient to the Court.

ATTESTATION

Pursuant to General Order 45(X), I attest that concurrence in the filing of this document has been obtained from each of the other signatories.

[PROPOSED] ORDER

Pursuant to the Stipulation of the parties and GOOD CAUSE APPEARING, IT IS SO ORDERED that the Stipulation is accepted by the Court and that the Scheduling Order in this case is revised accordingly.