STIPULATION AND ORDER TO EXTEND DISPOSITIVE MOTION DEADLINE

[FOURTH REQUEST]

GEORGE FOLEY, JR., Magistrate Judge.

Defendant/Counter-Claimant/Third-Party Plaintiff TAYLOR WALES ("Wales"), and Plaintiff/Counter-Defendant The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of CWALT, Inc. Alternative Loan Trust 2005-23CB Mortgage Pass-Through Certificates, Series 2005-23CB ("BoNYM") stipulate to extend the dispositive motion deadline as to Wales' counterclaim against BoNYM. This is the fourth request to extend the dispositive motion deadline set by the stipulation and order to extend discovery filed on August 23, 2018 [ECF No. 54] and counsel for the stipulating parties do not anticipate that any additional extensions will be necessary. The current deadline is set for March 22, 2019. Third-Party Defendant Rugged Oaks Investments, LLC filed a Motion to Dismiss Wales' Third-Party Complaint on March 19, 2019 [ECF No. 74] that Wales will timely oppose. Wales and BoNYM stipulate and agree to an additional 60-day extension of the deadline to file dispositive motions. The new deadline for dispositive motions is May 20, 2019. The new deadline for the proposed joint pretrial order is June 24, 2019.

Good cause exists to grant the extension. This court previously dismissed BoNYM's claims based upon a statute of limitations issue. [ECF No. 66]. Wales has since been evaluating the merits of his counterclaims against BoNYM and Rugged Oaks and the parties remain engaged in settlement negotiations. Undersigned counsel of the law firm of Springel & Fink LLP recently took over management of this action and needed time to become familiar with the facets of the parties' respective claims. Extending the deadline for dispositive motions under the circumstances will allow the preserve both party and judicial resources by preventing the commencement of a trial or appeal when the action may be otherwise resolved. This request is made in good faith and not made for purposes of delay.

ORDER

IT IS SO ORDERED.