MOTION TO EXTEND DISCOVERY DEADLINE (First Request)

NANCY J. KOPPE, Magistrate Judge.

Pursuant to Local Rule 26-4, and this Court's June 10, 2015 scheduling order, Federal Defendant, Penny Pritzler, Secretary, United States Department of Commerce ("Federal Defendant") respectfully requests that this court extend the discovery deadline for sixty (60) days for the reasons and as requested herein. For the reasons set forth below, good cause exists to extend the discovery deadline.

In the parties' previous status report, Plaintiff mentioned his current health condition and his pending status on a waiting list for a kidney transplant. In the time since then, Plaintiff has received his kidney transplant. As expected, this procedure and the issues surrounding it are very serious and have occupied much of Plaintiff's time and energy. Therefore, Plaintiff's deposition has not yet been taken. It is for this primary purpose that this extension is sought.

1. Status Report. This request is not made more than twenty one (21) days prior to the current discovery deadline, which is today, November 5, 2015, however, there is good cause to grant the extension based on the discovery needs herein, Plaintiff's health condition, the possibility of settlement in the interim, and the minimal amount of discovery remaining. There has been no neglect and if there were it is excusable. See LR 26-4.

2. Status/Discovery Completed. The parties held an initial discovery conference pursuant to Fed. R. Civ. P. 26(f). Initial disclosures and supplemental disclosures have been made by the parties pursuant to Fed. R. Civ. P. 26(a)(1)(C). Plaintiff has issued written discovery and responses have been sent.

3. Discovery Remaining. Federal Defendant simply needs to conduct Plaintiff's deposition and issue a minimal amount of written discovery. This extension will allow Plaintiff's deposition to be taken at Plaintiff's convenience and in a manner that will be most comfortable for the Plaintiff.

4. Additional Reasons for Extension. This extension will allow the parties to pursue settlement negotiations in an effort to save the parties and the Court time and resources.

5. Revised Discovery Schedule. Federal Defendant proposes the following revised discovery plan and asks that the Court adopt it as the revised scheduling order in this case.

A. Discovery Cut-Off Date. The parties respectfully request that the discovery cut-off be extended until January 7, 2016.

B. Dispositive Motions. The deadline for filing dispositive motions shall be thirty (30) days after the close of discovery: February 5, 2016.

C. Pretrial Order. The Joint Pretrial Order referenced in LR 26-1(e)(5) shall be filed no later than thirty (30) days after the date set for filing dispositive motions: March 4, 2016. However, in the event that dispositive motions are filed, the date for filing a Joint Pretrial Order shall be suspended until thirty (30) days after a decision is rendered by the Court regarding the dispositive motions, or upon further order of the Court.

WHEREFORE, for the above reasons, Federal Defendant respectfully requests the instant Motion extending the discovery deadline for sixty (60) days, until January 7, 2016, be granted.

IT IS SO ORDERED.