STIPULATION AND [PROPOSED] ORDER TO EXTEND EXPERT DISCOVERY DEADLINES

(Fifth Request)

CAM FERENBACH, Magistrate Judge.

Plaintiff, Proficio Mortgage Ventures, LLC ("Proficio") and Defendant, The Federal Savings Bank ("TFSB"), by and through their undersigned attorneys, hereby stipulate and agree as follows:

Pursuant to Local Rules of Civil Practice 6-1 and 26-4, the parties state as follows:

I. DISCOVERY THAT HAS BEEN COMPLETED

A. Plaintiff's Discovery

(a) Plaintiff's Initial Disclosures and documents served June 16, 2015;

(b) Plaintiff's First Set of Interrogatories served August 18, 2015;

(c) Plaintiff's First Set of Requests for Production served on August 18, 2015;

(d) Plaintiff's Answers to Defendant's First Set of Interrogatories served on October 8, 2015;

(e) Plaintiff's Responses to Defendant's First Set of Requests for Production served on October 8, 2015;

(f) Plaintiff's Second Set of Interrogatories served on February 11, 2016;

(g) Plaintiff's Second Requests for Production served on February 11, 2016;

(h) The depositions of four (4) principal witnesses, Naranjo, O'Brien, Russell and Gomez, have been completed;

(i) Plaintiff provided Defendant its damages calculations, to date, on January 13, 2016;

(j) Plaintiff submitted supplemental discovery production to Defendant on January 25, 2016;

(k) Plaintiff's Responses to Defendant's Second Set of Requests for Production and discovery production were served on March 3, 2016;

(l) On June 9-10, 2016, the parties conducted depositions of two (2) TFSB representatives.

(m) The parties have scheduled depositions of fifteen (15) fact witnesses during the months of June and July, 2016.

B. Defendant's Discovery

(a) Defendant's Initial Disclosures and documents served on June 15, 2015;

(b) Defendant's First Set of Interrogatories and Document Requests served on September 3, 2015;

(c) Defendant's Answers to Plaintiff's First Set of Interrogatories and Requests for Production on September 22, 2015;

(d) The depositions of four (4) principal witnesses, Naranjo, O'Brien, Russell and Gomez, have been completed;

(e) Defendant's Second Set of Document Requests served on January 27, 2016;

(f) On January 27, 2016, Defendant noticed Subpoenas for Documents to nonparties Evofi One Mortgage, First National Bank of Layton, North American Marketing, Inc., and Resolute Bank.

(g) Defendant's Answers to Plaintiff's Second Set of Interrogatories served on March 14, 2016;

(h) Defendant's Responses to Plaintiff's Second Request for Production served on March 14, 2016;

(i) Defendant revised and supplemented its answers and production to Plaintiff's Second Interrogatories and Second Request for Production.

(j) On June 9-10, 2016, the parties conducted depositions of two (2) TFSB representatives.

(k) The parties have scheduled depositions of fifteen (15) fact witnesses during the months of June and July, 2016.

II. DISCOVERY TO BE COMPLETED

The parties have completed the bulk of document exchange. However, depositions of at least fifteen (15) fact witnesses will be conducted during June and July, 2016. Once the aforementioned fact discovery is completed, the parties and their designated experts will require time to complete their reporting/analysis and conduct depositions of the expert witnesses.

III. REASONS WHY THE DEADLINE CANNOT BE SATISFIED

The parties believe that their experts need additional time to complete their respective analysis in light of the strong likelihood that upcoming fact witness depositions will reveal facts and evidence that will significantly impact the experts' reporting/analysis. Therefore, the parties will comply with the current deadlines for identifying their experts, providing the experts' credentials, and designating topics on which those experts will testify. However, the parties are seeking to extend the deadlines in which to provide the expert reports/analysis to the other party, and extend the deadlines for the depositions of such experts. The parties do not seek to modify any other non-expert deadlines set forth in the current discovery schedule. The parties continue to work diligently to complete discovery. This request is not made for the purpose of delay, but to allow for a just adjudication of the case on the merits. The parties agree that they will not be prejudiced by a delay.

With respect to the deadline to disclose initial experts, which is less than twenty-one (21) days from the date of this Stipulation, the facts and circumstances demonstrate excusable neglect for failure to act within the 21-day deadline imposed by Local Rule 26-4. The parties have continued to act diligently in scheduling and conducting discovery, and in discussing potential resolutions to this case up and through the date of this stipulation. Due to the number of remaining fact witnesses to be deposed and the geographic dispersal of the various witnesses, it has not proven feasible to complete the fact witness depositions necessary to allow the parties' experts to prepare complete and comprehensive reports.

IV. PROPOSED AMENDED DISCOVERY SCHEDULE

In light of the above, the parties stipulate and agree, subject to this Court's approval, to the following discovery schedule:

The Parties represent that this stipulation is sought in good faith, is not interposed for delay, and is not filed for an improper purpose.

ORDER

IT IS SO ORDERED.