JOINT MOTION TO AMEND THE JOINT DISCOVERY PLAN AND SCHEDULING ORDER (SECOND REQUESTED EXTENSION)

NANCY J. KOPPE, Magistrate Judge.

Plaintiff CH2E Nevada, LLC ("CH2E") and Defendants American Combustion Technology Incorporated ("ACTI") and Latif Mahjoob ("Defendants" and, with CH2E, the "Parties"), by and through counsel of record, hereby submit this Joint Motion to Amend the Joint Discovery Plan and Scheduling Order ("Joint Motion") pursuant to LR 6-1 and 26-4.

I. STATEMENT OF FACTS

CH2E filed a lawsuit against the Defendants on March 19, 2015. Soon thereafter, the Parties participated in a discovery and scheduling conference and submitted a proposed Joint Discovery Plan and Scheduling Order to the Court. The Court granted the Parties proposed discovery plan in its June 26, 2015 Joint Discovery Plan and Scheduling Order (the "June 26, 2015 Order") (ECF No. 20).

After the Parties engaged in several months of discovery, CH2E's lead counsel had an unexpected medical emergency. The Parties—having conferred and agreed that under the circumstances an extension of the discovery deadlines was acceptable to all Parties—filed a stipulation to amend the June 26, 2015 Order. The Court granted the Parties' proposed amendments to the discovery plan in its December 21, 2015 Stipulation to Amend the Joint Discovery Plan and Scheduling Order (the "Order") (ECF No. 35).

Since that time, the Parties have engaged in settlement discussions. As part of those discussions, CH2E allowed ACTI personnel to physically inspect the recycling equipment at issue in this case, a time-consuming process that required the Parties' full attention. ACTI has completed its inspection of the recycling equipment, but a settlement agreement has yet to be reached. Settlement discussions are ongoing.

The discovery cutoff is currently June 28, 2016. In connection with the preparation of a joint status report to the Court, which is being filed contemporaneously herewith, the Parties have conferred and agree that in light of the continuing prospect of settlement, and the need to conduct additional depositions if settlement cannot be reached, it is in the interest of all Parties to file this Motion requesting the Court to extend the discovery deadline contained in Section 7(c) of the Order. The Parties therefore respectfully request a forty-five (45) day extension of the Parties' fact discovery cutoff date to and including August 12, 2016.

II. LOCAL RULE 26-4 REQUIREMENTS

A. Discovery Completed

Plaintiff CH2E has served Defendants with the following items:

In addition, CH2E has produced over 142,000 pages of documents in response to Defendants' requests for production of documents, and continues to produce responsive documents on a rolling basis.

Plaintiff has also deposed Defendant Latif Mahjoob.

Defendants have served CH2E with the following items:

In addition, ACTI has produced approximately 600 pages of documents in response to Plaintiff's request for production of documents.

B. Discovery to be Completed

If a settlement agreement cannot be reached, the Parties anticipate that each side will take additional depositions. Plaintiff intends to take a Rule 30(b)(6) deposition of ACTI. In addition, Plaintiff wishes to conduct depositions of additional fact witnesses, including two individuals that Defendants recently identified in a supplement to Defendants' initial disclosures.

Defendants intend to take a Rule 30(b)(6) deposition of CH2E. In addition, Defendants wish to depose multiple representatives of CH2E, including two fact witnesses who reside in California and may not be present at trial.

Finally, the Parties expect that they will engage in expert discovery following the close of fact discovery.

C. Reason for Extending Discovery Plan Deadlines

Over the past several months, the Parties have diligently engaged in settlement discussions, which included Defendants' inspection of the recycling equipment that is subject to Plaintiff's claims. Settlement discussions have not yet been successful but are continuing. If the settlement discussions are ultimately unsuccessful, the Parties will need additional time for depositions.

D. Proposed Schedule for Completing All Remaining Discovery

By this Motion, the parties seek to amend Section 7(c) of the Order to extend the fact discovery cutoff date by forty-five (45) days as follows:

7. Discovery Plan.

c. Fact Discovery Cutoff: August 12, 2016

The proposed amendment should not affect the Parties' ability to comply with the remaining discovery deadlines set forth in Section 7(d) — (h) of the Order.

III. CONCLUSION

For the above-stated reasons, the Parties respectfully request that this Court enter an Order approving this Joint Motion to Amend the Joint Discovery Plan and Scheduling Order using the new deadline noted above.

IT IS SO ORDERED.