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Mastodon Investments v. CIT Group Inc.

January 4, 2010

MASTODON INVESTMENTS, GREG RAFFETTO, ET AL., PLAINTIFFS,
v.
CIT GROUP INC., DEFENDANTS.



The opinion of the court was delivered by: The Honorable Kimberly J. Mueller

STIPULATION AND ORDER TO EXTEND DATES TO EXCHANGE EXPERT DESIGNATIONS AND REPORTS

Plaintiffs Gregory Raffetto, Gaylon TeSlaa and Sara TeSlaa ("Plaintiffs") and defendant CIT Group Inc. ("CIT") (collectively, the "Parties"), stipulate:

1. Plaintiffs filed the operative Second Amended Complaint on or about October 17, 2008;

2. CIT filed its Motion for Summary Judgment or Partial Summary Judgment against Plaintiffs' roughly fifteen claims on October 6, 2009;

3. CIT's Summary Judgment Motion was fully briefed, and argument on the motion was heard by the Court on November 18, 2009;

4. The Court has taken CIT's Summary Judgment Motion under submission and has not yet ruled;

5. A ruling on CIT's Summary Judgment Motion may eliminate some or all of the claims in this action, potentially removing the need for witnesses to present evidence under Federal Rule of Evidence 702, 703, or 705;

6. Pursuant to FRCP 26(a)(2)(C)(i), the Parties are currently required to affirmatively designate experts and provide expert reports by December 30, 2009;

7. The Parties agree that an extension of the expert designation date is appropriate-with the Court's consent-in order to conserve time and resources and will give additional time to retain experts and provide those experts with adequate time to review and analyze the documents in this case and prepare their reports.

8. The Parties are also actively exploring the possibility of settling all claims in dispute, and extending the expert designation dates will facilitate more productive settlement negotiations.

NOW, THEREFORE, the Parties hereby stipulate and agree that:

1. The current date of December 30, 2009 for the Parties to exchange initial expert designations and reports shall be extended by thirty (30) days, to January 29, 2010; and

2. All remaining expert deadlines shall be calculated from the new ...


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