STIPULATION AND [PROPOSED] ORDER MODIFYING THE PRETRIAL SCHEDULING Trial Date: Complaint Filed:
The Valspar Corporation ("Defendant") and Frank Newhouse ("Plaintiff") (collectively referred to as "the Parties"), by and through their respective counsel of record for good cause do hereby stipulate and respectfully request that this Court issue an Order amending the Pretrial Scheduling Order issued on February 21, 2011 for the reasons set forth below.
1. The Parties submitted a joint scheduling report on February 14, 2011 requesting that the expert disclosure and discovery cut-off dates be set after the close of fact discovery, currently set for February 16, 2012. On February 21, 2011, the Court set the expert disclosure deadline for September 16, 2011.
2. The Parties are in the process of exchanging written discovery and intend to schedule depositions shortly.
3. The Parties have agreed to attend mediation after the initial round of discovery and depositions and expect to conclude mediation by the Fall of 2011. The Parties seek to avoid the expense of expert witnesses where one or more of the parties will file dispositive motions. Thus, the expense of retaining expert witnesses before mediation and dispositive motions would be an unnecessary cost that may be avoided if the pretrial schedule is modified.
4. Counsel for Plaintiff is currently considering whether they will continue representation of Plaintiff in this matter and may require additional time to make a decision.
Accordingly, the Parties hereby stipulate and move the Court jointly for an order amending the Pretrial Scheduling Order as follows:
(1) Previous Discovery Cut Off: February 16, 2012
Proposed Non-Expert Discovery Cut Off: February 16, 2012
(2) Previous Disclosure of Expert Witnesses: September 16, 2011 Proposed Disclosure of Expert Witnesses: May 4, 2012
(3) Previous Completion of Expert Witness Discovery: October 17, 2011 Proposed Completion of Expert Witness Discovery: May 25, 2012
(4) Previous Dispositive Motion Hearing Date: April 16, 2012 Proposed Dispositive Motion Hearing Date: April 2, 2012
(5) Final Pre-Trial Conference Date: June 18, 2012 (no change)
(6) Trial: September 25, 2012 (no change)
Dated: June ___, 2011 DENNIS M. BROWN ERICA H. KELLEY ISELA PEREZ LITTLER MENDELSON A Professional Corporation Attorneys for Defendant THE VALSPAR CORPORATION Dated: June ___, 2011 LEO F. DONAHUE LEO F. DONAHUE, INC. KEVIN W. HARRIS LAW ...