STIPULATION AND REQUEST TO EXTEND DISCOVERY DEADLINE (THIRD REQUEST)

PEGGY A. LEEN, Magistrate Judge.

In accordance with the Federal Rules of Civil Procedure and Local Rule 26-4, Plaintiff Tonie Robinson ("Plaintiff") and Defendant MV Transportation, Inc. ("MV") hereby stipulate and agree to and jointly move this Honorable Court for an Order extending the discovery cut-off by forty-five (45) days until May 11, 2018 for the sole purpose of taking the depositions of Plaintiff's Expert, Dr. Jason Garber, and the dispositive motion deadline as follows:

I. STATEMENT OF FACTS

This case arises out of an alleged incident that occurred on November 2, 2015, while Plaintiff was a passenger of a bus operated by MV. According to the Complaint, Plaintiff Tonie Robinson, was a passenger on a bus and sustained injuries as a result of the bus driver failing to properly secure her three-wheel motorized scooter prior to driving and making an erratic turn at an unsafe speed, causing Plaintiff to fall out of her chair onto the floor.

After the matter was removed to federal court, the parties engaged in an FRCP 26 conference with timely submission of a joint proposed scheduling order that complied with the rules. Due to the extensive medical treatment and disclosure of significant pre-existing conditions by Plaintiff, the parties stipulated to extend discovery on September 21, 2017. As a result of this initial stipulation, significant progress towards completing discovery in this matter has occurred. The parties again stipulated to extend discovery on February 2, 2018 in light of expert unavailability, newly disclosed witness depositions, and the necessity of obtaining records for newly disclosed medical providers.

The parties have been working together and coordinating discovery requests to ensure all discovery is timely completed. However, Plaintiff recently communicated that her expert, Dr. Garber had a family emergency and would not be able to attend his currently noticed March 8, 2018 deposition. Dr. Garber also indicated that he did not have availability until May 2018 for his deposition. As a result, the parties request an extension of the current deadline by forty-five (45) days until May 11, 2018 for the limited purpose of taking Dr. Garber's deposition.

II. DISCOVERY COMPLETED:

The parties have been able to complete a significant amount of discovery to date. In this time period, the parties have participated in the Early Case Conference pursuant to FRCP 26. After discovery opened, each side began to deposit their disclosures. As to Rule 26 disclosures:

The parties have also been able to make considerable progress with respect to written discovery:

The parties have also complied with expert disclosure deadlines:

The parties have also completed and/or scheduled numerous depositions:

III. DISCOVERY THAT REMAINS TO BE COMPLETED:

The parties request the discovery cut-off be extended by forty-five (45) days until May 11, 2018 for the limited purpose of completing the deposition Plaintiff's expert Dr. Garber.

This recitation of discovery to be completed is not intended to be limiting, but it is set forth to advise the Court of remaining discovery.

IV. THE REASONS WHY DISCOVERY WAS NOT COMPLETED WITHIN THE TIME LIMITS SET BY THE DISCOVERY PLAN:

The parties are actively working together to complete discovery in this case in accordance with the current discovery schedule. As referenced above, substantial discovery has been completed to date. However, it has come to the parties attention that Plaintiff's expert Dr. Garber, due to limited availability, will not be available until after the current deadline for discovery. The parties ask the discovery cut-off deadline be extended by forty-five (45) days until May 11, 2018 for the sole purpose of completing Dr. Garber's deposition.

V. PROPOSED SCHEDULE FOR COMPLETING ALL REMAINING DISCOVERY:

IT IS SO STIPULATED.

Upon Stipulation of counsel and good cause appearing, the extension of the discovery cut-off by forty-five (45) days until May 11, 2018 for the sole purpose of taking the deposition of Plaintiff's expert, Dr. Garber and the dispositive motion deadline as follows is granted.

IT IS SO ORDERED.