The opinion of the court was delivered by: Hon. Jeffrey S. White Judge of the United States District Court
STIPULATION AND [PROPOSED] ORDER TO AMEND SCHEDULING ORDER
STIPULATION AND [PROPOSED] ORDER
Defendants/third-party plaintiff Illinois Union Insurance Company ("Illinois Union") and third-party defendant Federal Insurance Company ("Federal") hereby stipulate and jointly move this Court for an order amending certain dates in the parties' Joint Case Management Statement, dated March 5, 2010, which were adopted by Court Order on that same day, as follows:
1. These proposed changes are requested to permit the parties additional time to complete written discovery and the subsequent orderly depositions of necessary witnesses. Additionally, the changes will permit the parties additional time to attempt to resolve this dispute through mediation.
2. The parties have agreed to a revised scheduling order as follows, subject to the Court's approval:
Proponent's Rule 26(a)(2)(B) Statement: Due September 3, 2010
Rebuttal Rule 26(a)(2)(B) Statement: Due October 4, 2010
Deadline for close of fact discovery: October 22, 2010
Deadline for expert depositions (if any): November 5, 2010
Dispositive motions: Due December 3, 2010
3. The basis of this stipulation and proposed amendment of the scheduling order is that the parties have, in good faith, been attempting to complete written discovery and participate in mediation. However, due to unforeseen circumstances, the mediation previously scheduled for June 9, 2010 was adjourned. The parties and the mediator have been diligent in discussions regarding a new date for the mediation and believe it will conclude by mid-September 2010 at the latest.
4. For the reasons set forth above, the parties respectfully request that the Court grant the proposed extended discovery dates.