STIPULATION AND [PROPOSED] ORDER TO REVISE THE COURT'S SCHEDULING ORDER

VINCE CHHABRIA, District Judge.

Plaintiffs and State Farm General Insurance Company ("State Farm"), by and through their respective counsel, hereby stipulate to revise the Court's February 18, 2014 Pretrial Schedule (Dkt 18) as follows:

I.

RECITALS

1. The parties are in the process of completing fact discovery, including depositions. The parties also have been working together to secure discovery from third parties who are significant witnesses. Despite the parties' cooperation in discovery, the parties do not anticipate being able to complete depositions by the current fact discovery deadline of January 16, 2015.

2. The parties are engaged in active settlement discussions. The parties would like to avoid incurring additional costs related to fact and expert discovery while discussing settlement. Additionally, incurring significant additional costs, e.g. for experts, could be an impediment to settlement.

3. The parties have initiated the Court's discovery dispute resolution process pursuant to Paragraph 9 (Discovery) of the Court's Standing Order. The parties have submitted three joint letters to the Court addressing several discovery issues. (Dkt 33, 45 & 35.) The outcome of these discovery disputes may impact the remaining depositions and additional discovery.

4. The parties previously stipulated to an order continuing the fact and expert discovery deadlines. The Court entered its order on that stipulation on October 2, 2014 (Dkt 32). Significant developments since then have included the recent settlement discussions, the unavailability of key witnesses for deposition for different reasons and the discovery disputes currently pending before the Court.

5. For these reasons, the parties have agreed to stipulate to a proposed order extending the deadline for fact discovery, and the deadlines for expert disclosure, rebuttal disclosure and expert discovery, to enable the parties to fully explore the potential for settlement without incurring undue additional burden and expense.

6. The parties are mindful of the other pretrial deadlines in the current Pretrial Schedule, and do not believe that the stipulated fact and expert discovery extensions will affect their ability to comply with those deadlines.

7. The parties do not seek to continue any deadlines other than the deadlines for fact discovery, expert disclosure, rebuttal disclosure and expert discovery. The parties do not seek to continue the trial date or the pretrial conference date. However, the parties are agreeable to doing so if the Court prefers to continue those dates in addition to the discovery and expert discovery deadlines addressed in this stipulation.

II.

STIPULATION

The parties hereby stipulate to the following revisions to the court's Pretrial Schedule:

[PROPOSED] ORDER

Pursuant to the parties' stipulation, the Pretrial Schedule is revised as follows:

The remaining dates and deadlines set forth in the Civil Minutes dated February 18, 2014 (Dkt 18) remain unchanged.