STIPULATION AND ORDER RE: MODIFICATION TO PRETRIAL SCHEDULING ORDER
WHEREAS the Court issued it's Pretrial Scheduling Order on February 29, 2009, which set the cut-off date for expert discovery at April 15, 2010 and the latest date for hearing dispositive motions as June 18, 2010;
WHEREAS one of Defendants' primary counsel was deployed to Afghanistan in the Air National Guard for four months between September 2009 and January 2010, impacting the parties' ability to complete all non-expert discovery early in the case;
WHEREAS several of the expert witnesses in this matter are accountants with very limited availability for deposition between March 15, 2010 and April 15, 2010, and other experts had previously scheduled trips out of the country during that time;
WHEREAS Defendants' counsel was also unavailable for almost two weeks of this period due to a previously scheduled trip;
WHEREAS despite the best efforts and diligence of counsel for both Plaintiff and Defendants, several depositions of expert witnesses were not able to be completed before April 15, 2010;
WHEREAS the parties have recently engaged in meaningful settlement discussions with a realistic potential for resolving most, if not all, of the issues in dispute in this matter;
WHEREAS the parties believe that mediation would significantly increase the likelihood of settlement and the parties are exploring mediation at this time;
WHEREAS the parties believe that mediating the case before the necessity of completing expert discovery and briefing dispositive motions would also likely increase the chances of resolving many, if not all, issues in dispute in this matter;
WHEREAS the parties believe that even if the case does not completely settle, several issues are likely to be resolved which would significantly streamline the issues that the Court must address in dispositive motions and potentially the trial of the case, thus easing the burden on the Court and reducing the expense to both parties;
WHEREAS the parties believe that they will be able to complete the settlement discussions and, if necessary, complete expert discovery and dispositive motions if any issues remain unresolved if they are given an additional 60 days;
WHEREAS the parties believe that good cause exists for extending expert discovery and dispositive motions in this matter to allow the parties to resolve any issues that can be resolved without burdening the Court;
THEREFORE, THE PARTIES STIPULATE that, pursuant to Federal Rule of Civil Procedure 16(b)(4), good cause exists for modifying the Court's Pretrial Scheduling Order to allow an additional 60 days to complete expert discovery and dispositive motions, and that therefore the expert discovery cut-off date should be changed to June 25, 2010, and the last date to hear dispositive motions should be changed to August 20, 2010. Should these changes necessitate a change to the date of the trial and/or final pretrial conference in this matter, the parties stipulate that the anticipated resolution of at least some of the issues to be decided warrant such change.
LAW OFFICE OF GEOFFREY V. WHITE Geoffrey V. White, Attorney for ...