The opinion of the court was delivered by: Morrison C. England, JR United States District Judge
And Related Counterclaim.
STIPULATION AND ORDER AMENDING PRETRIAL SCHEDULING ORDER
WHEREAS on April 29, 2010, this Court issued its Pretrial Scheduling Order requiring the Parties to complete non-expert discovery on or before June 18, 2010;
WHEREAS on January 4, 2010, this Court issued its minute order continuing the trial date in this matter to March 19, 2012;
WHEREAS Plaintiff and Counter Defendant Patriot Rail Corp., Cross Defendants Patriot Rail, LLC and Larry Coe ("Patriot"), and Defendant and Counter Claimant Sierra Railroad Company ("Sierra") (collectively with Patriot, the "Parties") voluntarily mediated this matter before the Hon. James Warren (Ret.) of JAMS on February 23, 2010 from 9:30 a.m. through 7:30 p.m., but were unable to reach a settlement agreement;
WHEREAS the Parties have actively been involved in completing discovery including depositions but, due to a recent death in Patriot's counsel's family, and the deployment of Sierra's counsel for service in the Air National Guard, the Parties are unable to complete all depositions prior to the current non-expert discovery cut-off of June 18, 2010;
WHEREAS the Parties have noticed or subpoenaed five depositions that must be completed before discovery closes in this matter;
WHEREAS good cause exists for, and none of the parties to this matter shall be prejudiced by, an extension of the last day to complete depositions to July 16, 2010;
WHEREAS the Parties stipulate and agree to extend the date to complete depositions to July 16, 2010, and also stipulate and agree that no new discovery may be commenced as a result of this stipulation and agreement to extend the date to complete depositions;
WHEREAS the Parties also agree to extend the discovery cut-off for the limited purpose of allowing third parties responding to outstanding subpoenas to produce documents on or before June 25, 2010;
WHEREAS, since the Parties have also previously agreed and continue to believe that the Mandatory Settlement Conference has the best chance of being productive if conducted after the close of discovery, the Mandatory Settlement Conference currently scheduled for July 9, 2010 should be rescheduled for a date no earlier than August 2, 2010;
WHEREAS the Parties stipulate and agree to disclose expert witnesses and expert witness reports on July 30, 2010;
WHEREAS the Parties stipulate and agree to disclose supplemental expert witnesses and reports for supplemental experts within 20 days of the initial expert disclosure, as set forth in the Court's May 18, ...