STIPULATION REGARDING DISCOVERY DISPUTE JOINT LETTER CONCERNING DEFENDANTS' MOTION FOR DISCOVERY SANCTIONS OR ALTERNATIVELY TO COMPEL DEPOSITION TESTIMONY PLAINTIFFS AND EXTEND DEADLINES FOR EXPERT DISCLOSURE AND DISCOVERY RELATED TO PLAINTIFFS' DAMAGES

HAYWOOD S. GILLIAM, Jr., District Judge.

WHEREAS, a discovery dispute exists regarding the Plaintiffs' failure to appear for their depositions on June 29 and June 30, 2017.

WHEREAS, fact discovery cutoff in this case was June 30, 2017, and the last day for filing a motion to compel fact discovery is July 7, 2017. Dkt. 78, LR 37-3.

WHEREAS, on June 26, 2017, defense counsel initiated efforts to meet and confer about the Plaintiffs' failure to appear for their depositions. In response, plaintiff's counsel proposed a conference on July 3, 2017, but defense counsel was unavailable due to the holiday weekend and instead proposed July 5 or July 6, 2017 to meet and confer. Plaintiffs' counsel did not respond to that proposal by the morning of July 5, 2017, and so defense counsel sent a proposed draft of a joint letter, advised that Defendants' would be filing the letter on July 7, 2017, and requested that Plaintiffs add their position to the draft in order to file a joint letter.

WHEREAS, on the night of July 6, 2017 plaintiff's counsel advised he would be available on the morning of July 7, 2017 to meet and confer regarding this discovery dispute. Plaintiff and defense counsel spoke by telephone on the morning of July 7, 2017, at which time plaintiffs' counsel requested until Monday, July 10, 2017, to provide plaintiffs'' portion of the discovery dispute joint letter.

The undersigned parties, through counsel, STIPULATE and AGREE that plaintiffs' counsel has until noon on Monday, July 10, 2017 in which to provide defense counsel their portion of the discovery dispute joint letter regarding Defendants' Motion for Discovery Sanctions or Alternatively to Compel Deposition Testimony Plaintiffs and Extend Deadlines for Expert Disclosure and Discovery Related to Plaintiffs' Damages. If plaintiffs have not provided defense counsel with their portion of the letter by noon on July 10, 2017, Defendants shall file their discovery dispute letter independently.

IT IS SO STIPULATED.

ORDER

Based on the above stipulation, and for good cause appearing, IT IS ORDERED thatt plaintiffs' counsel has until noon on Monday, July 10, 2017 in which to providde defense counsel their portion of the discovery dispute joint letter regarding Defendants' Motion for Discovery Sanctions or Alternatively to Compel Deposition Testimony Plaintiffs and Extend Deadlines for Expert Disclosure and Discovery Related to Plaintiffs' Damages. If plaintiffs have not provided defense counsel with their portion of the letter by noon on July 10, 2017, Defendants shall file their discovery dispute letter independently.