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Prometheus Real Estate Group, Inc. v. Terminix International, Inc., 3:15-CV-02234 HSG. (2016)

Court: District Court, N.D. California Number: infdco20161128924 Visitors: 11
Filed: Nov. 23, 2016
Latest Update: Nov. 23, 2016
Summary: STIPULATION TO AMENDED SCHEDULING ORDER HAYWOOD S. GILLIAM, Jr. , District Judge . THE PARTIES TO THIS ACTION DO HEREBY STIPULATE to the following amendments to the Case Management Schedule Order "CMSO" of October 5, 2016. The parties have meet, conferred, and mutually agreed that despite their diligent efforts additional time is necessary to prepare this matter for an eventual trial. The parties have agreed to, and are seeking the Court's consent, to extend the trial date on this matter fo
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STIPULATION TO AMENDED SCHEDULING ORDER

THE PARTIES TO THIS ACTION DO HEREBY STIPULATE to the following amendments to the Case Management Schedule Order "CMSO" of October 5, 2016. The parties have meet, conferred, and mutually agreed that despite their diligent efforts additional time is necessary to prepare this matter for an eventual trial. The parties have agreed to, and are seeking the Court's consent, to extend the trial date on this matter for forty-five (45) days. The parties have also worked through the additional Case Management Schedule Order dates and proposed the following amended schedule:

Event Schedule Per Amended Schedule October 5, 2016 CMSO Fact Discovery Cutoff December 5, 2016 January 19, 2017 Exchange of Initial Expert Report November 28, 2016 Feb 17, 2017 Expert Discovery Cutoff December 26, 2016 March 17, 2017 Dispositive Motions Hearing Deadline February 9, 2017 at 2:00pm May 4, 2017 at 2:00 p.m. Pretrial Conference March 28, 2017 at 3:00pm May 11, 2017 at 3:00 p.m. Jury Trial April 10, 2017 at 8:30am May 25, 2017 at 8:30am

Good Cause exists in this instance as the amendments are necessitated in light of the pending fact discovery and the need for its completion before expert discovery can take place. Moreover, expert reports and discovery cannot proceed in a comprehensive manner until fact discovery is completed. The present CMS() has expert discovery dates that overlap the fact discovery cutoff date. The parties have been working cooperatively and extensively to complete discovery, including written discovery responses and depositions. Despite best efforts by all parties, it is evident that fact discovery cannot be completed without it impacting expert discovery and eventually trial preparation. Therefore the parties are proposing a short extension of the timeline to allow completion of both.

THEREFORE, THE PARTIES HEREBY STIPULATE to the following amendments to the CMS() and respectfully request this Court's consent.

IT IS SO ORDERED.

Source:  Leagle

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