STIPULATION AND [PROPOSED] ORDER TO MODIFY CASE MANAGEMENT SCHEDULING ORDER

RICHARD SEEBORG, District Judge.

Plaintiff Charles Henley and defendant Union Pacific Railroad Company submit the following stipulation to modify the Court's Case Management Scheduling Order (Dkt. 24).

RECITALS

On October 27, 2017, the Court issued a Case Management Scheduling Order with respect to all relevant pre-trial and trial dates. With regard to a settlement conference, the Court referred the parties to Judge Westmore, per the parties' request, "for the purposes of engaging in a settlement conference to take place, ideally, within the next 120 days." (Dkt. 24, 1:17-19.)

On November 19, 2016, following a pre-settlement telephone conference between the parties and Judge Westmore, the Court scheduled the settlement conference for February 8, 2017. (Dkt. 28.)

The parties have conferred and agree that the settlement conference, as currently scheduled, is premature for the following reasons. The parties wish to complete additional discovery, including plaintiff's deposition, which is tentatively scheduled to take place on February 16, 2017, prior to the settlement conference. Counsel for both parties have spent significant time recently in trial, and preparing for trial, in other matters. The parties believe that the additional time to complete essential discovery will permit the parties to engage in a more meaningful dialogue at the conference.

Subject to the Court's approval and availability, the parties are currently contemplating that a continued settlement conference will take place the third week of March (March 20-24) or the second week of April (April 10-14). These changes will not affect the trial date or any other pretrial deadlines. The parties have not previously requested a modification of the Case Management Scheduling Order.

For the Court's reference, on January 17, 2017, the parties submitted to Judge Westmore a request to continue the settlement conference, but were told to first request the continuance from Judge Seeborg's department due to the Scheduling Order's mandate that the settlement conference occur within 120 days of October 27, 2017.

STIPULATION

NOW, THEREFORE, AND IN CONSIDERATION OF THE FOREGOING,

The parties, through their respective counsel, hereby request the following modifications to the Case Management Scheduling Order:

With respect to Alternative Dispute Resolution (Paragraph 1), the parties request that the deadline to engage in a settlement conference with Judge Westmore be extended to May 26, 2017.1

ORDER

IT IS SO ORDERED.