STIPULATION TO REOPEN DISCOVERY AS TO DAMAGES ONLY

SUSAN ILLSTON, District Judge.

IT IS HEREBY stipulated by and between the parties as follows:

WHEREAS, on February 26, 2016, Defendants filed a Motion to Continue and Reopen Discovery as to Damages Only and Continue Trial, or, in the Alternative, Bifurcate Trial;

WHEREAS, Counsel for all parties have conferred and agreed, subject to the Court's consent, to reopen discovery as to damages only;

THE PARTIES STIPULATE THAT:

Yale's Motion to Continue and Reopen Discovery as to Damages Only and Continue Trial, or, in the Alternative, Bifurcate Trial, shall be withdrawn upon the Court granting this Stipulation;

On or before March 29, 2016, Plaintiff shall provide Defendants with updated medical records, including for his recent revision surgery, and thereafter continue to do so through the date of trial;

Plaintiff agrees to submit to a further independent medical examination by Dr. Lawrence Oloff, DPM, FACFAS, at a mutually agreeable date and time;

It is further agreed that, should Yale seek additional damages discovery, the parties will meet and confer regarding the same, and avail themselves of the Court's joint discovery letter practice, if necessary.

I agree to and accept the foregoing stipulation.

Pursuant to the stipulation of the parties, and good cause appearing,

IT IS ORDERED THAT:

Defendant Yale Industrial Products, Inc.'s pending Motion to Continue and Reopen Discovery as to Damages Only and Continue Trial, or, in the Alternative, Bifurcate Trial, is withdrawn, and discovery is reopened as to damages only.