JOINT STIPULATION AND ORDER WITHDRAWING MOTIONS TO COMPEL (ECF NOS. 66, 67 & 68) AND CONFERENCE MANAGEMENT REPORT

PEGGY A. LEEN, Magistrate Judge.

Defendant and third party plaintiff, Acrylic Tank Manufacturing, Inc. ("ATM"), by and through its counsel of record, J. Scott Burris, Amanda Ebert, and Ralph Robinson, of the law firm Wilson Elser Moskowitz Edelman & Dicker LLP, together with Plaintiff Steven Malcolm's ("Malcolm"), by and through his counsel of record, Alaina Stephens and James Glennon of the law firm of Foran Glennon Palandech Ponzi & Rudloff PC, hereby stipulate and agree to the withdraw of their pending motions to compel. The parties, including Reynolds Polymer Technology, Inc., by and through its counsel of record, David Barron and John Barron, of the law firm Barron & Pruitt, further stipulate to the conference management report.

I. Grounds for Withdrawal of Motions to Compel Without Prejudice

The parties have engaged in negotiations regarding potential settlement, and proposed mediation for which the parties are working on protocols that would lead to a mediation within the next 60 to 90 days. Between now and then, the parties seek to conserve costs and extend deadlines or stay the case.

a. Extension to permit Mediation

Before arriving at the agreements upon which this stipulation is based, the parties undertook additional efforts to complete the scheduling for the settings of depositions of U.S. and international witnesses. However, in anticipation of the parties' collective ability to engage in mediation, the parties have not finalized the scheduling of these depositions. The parties anticipate that these depositions could be extremely costly, and in an effort to save great expense, plans for depositions are currently on hold. The parties do expect to receive additional documents from the architect in Scotland from his damaged hard drive.

Overall, in an effort to conserve judicial resources, as well as to pursue mediation and potential resolution of the matter, the parties agree to withdraw their pending motions to compel, and seek a stay of Discovery or extension of the deadlines in this matter.

B. ATM seeks intervention in the Colorado matter

Additionally, ATM is preparing a motion to intervene in the Colorado action. All parties agree that this matter, including the portion currently in litigation in Nevada, should be consolidated at some point in the future.

THEREFORE, IT IS HEREBY JOINTLY STIPULATED AND AGREED THAT Defendant ACRYLIC TANK MANUFACTURING, INC.'S Emergency Motions to Compel Plaintiff to Identify Scottish Witnesses filed on May 9, 2018 (ECF No. 67) and May 11, 2018 (ECF No. 68), together with Plaintiff STEVEN MALCOLM'S Motion to Compel Cutting and Testing of the Aquarium Pursuant to Proposed Protocol filed May 9, 2018 (ECF No. 66), each be withdrawn in their entirety. The parties stipulate to the withdrawal of the motions without prejudice, and agree that each motion, individually, may be re-filed at a later date if needed.

IT IS SO STIPULATED BY:

ORDER

This Court finds good cause for withdrawal of Plaintiff's Motion to Compel (ECF No. 66) as well as Defendant ATM's Motions to Compel (ECF No. 67 & 68) without prejudice. The parties may re-file their respective motions at a later date.

IT IS SO ORDERED.

IT IS FURTHER ORDERED that a telephonic status check is scheduled for 10:45 a.m. on June 5, 2018. Those appearing telephonically may contact Courtroom Deputy Jeff Miller at (702) 464-5420 no later than June 1, 2018, to indicate a number where counsel may be reached for the hearing.