STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE TELEPHONIC CONFERENCE AND EXPERT DISCLOSURE DEADLINE

JON S. TIGAR, District Judge.

Pursuant to Local Rule 6-2, Plaintiffs JOHN FALKENBERG and STEVEN INGARGIOLA ("Plaintiffs") and defendant ALERE HOME MONITORING, INC. ("Defendant"), by and through their attorneys, respectfully request that the Court continue the telephonic conference from June 26, 2015 until July 8, 2015, and the expert disclosure deadline from July 17, 2015 to July 31, 2015.

On April 24, 2015, the Court scheduled a telephonic conference for June 26, 2015. (ECF No. 70.) On February 25, 2015, the Court set the deadline for expert disclosures for July 17, 2015. (ECF 66.)

The parties have been working diligently to resolve a number of discovery disputes. They agree that, with additional time, they will likely resolve many of these disputes without involving the court. Additional time would also allow the parties to make headway on any issues that they are not able to fully resolve, which would make the telephonic conference more efficient and productive. The parties therefore ask that the telephonic conference be continued twelve days, until July 8, 2015.

The parties also request that the court continue the deadline for expert disclosures until July 31, 2015 so that the Parties can resolve discovery disputes and take additional discovery. Pursuant to Local Rule 30-1, the parties have conferred extensively about scheduling the depositions of each Plaintiff since April. However, because both Plaintiffs have health issues and because of scheduling issues, neither has yet been able to appear for a deposition (Ms. Fertig, who is not a named Plaintiff, has appeared for deposition.) The parties recently confirmed Mr. Falkenberg's deposition for July 9, 2015 via videoconference. Mr. Ingargiola's deposition will likely not take place until the week of July 20, 2015. The parties agree that the expert disclosure deadline should be continued until after both Plaintiffs have been deposed and the parties ask that the expert disclosure deadline be continued two weeks until July 31, 2015.

Continuing the expert disclosure deadline would push back the expert rebuttal deadline until August 14, 2015, and the expert discovery cut-off until August 28, 2015.

There have been two sets of continuances in this case since it was filed in January 2013. First, the Court continued the briefing schedule for Defendant's Motion to Dismiss and Motion to Strike. (ECF No. 21.) Second, the Court several times continued the hearing on Defendant's Motion to Dismiss and Motion to Strike until decisions were issued in two pending Court of Appeals cases. (ECF Nos. 35, 37, 39, 42.)

WHEREAS IT IS HEREBY STIPULATED AND AGREED by and between the parties in this action by and through their attorneys of record, and, accordingly, requested that the Court:

ORDER

Pursuant to the parties' stipulation, IT IS HEREBY ORDERED that the telephonic conference currently set for June 26, 2015 is rescheduled for July 8, 2015 at 2:00 p.m., and that the expert disclosure deadline is rescheduled from July 17, 2015 to July 31, 2015.

IT IS SO ORDERED.