Opinion
WILLIAM R. TAMAYO, JONATHAN T. PECK, LINDA ORDONIO DIXON, U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, San Francisco, CA, Attorneys for Plaintiff EEOC.
TIM K. GARRETT, BASS, BERRY & SIMS PLC, Nashville, TN, Attorneys for Defendant.
BARBARA A. COTTER, COOK BROWN LLP, Sacramento, CA, Attorneys for Defendant.
JOINT STIPULATION and ORDER TO CONTINUE DISCOVERY DEADLINES
TROY L. NUNLEY, District Judge.
Plaintiff Equal Employment Opportunity Commission (EEOC) and Defendant Dialysis Clinic, Inc. (DCI), hereby jointly request that the Court extend the case deadlines set out in the court's Pretrial Scheduling Order dated December 5, 2014 [Docket No. 11.] and Order to Extend Discovery Deadlines dated January 9, 2015. [Docket No 16.] The parties have made one prior request to extend solely the discovery cut-off deadlines.
Federal Rule of Civil Procedure 6(b)(1) allows the court "for cause shown" and "in its discretion" to grant a "request" for an extension of time. Good cause exists to extend the case deadlines. The court has granted one prior request to continue the discovery deadlines in this case in order to facilitate a mediation that was scheduled for February 27, 2015. Unfortunately, the mediation was cancelled due to a late discovered conflict; the mediator withdrew from the case on February 13, 2015. [Docket No. 17.] In the month that followed, the parties made numerous attempts to find an available mediator. A new mediator was appointed on March 25, 2015.
In order to preserve the time and resources, the parties agreed that written discovery and several depositions would be postponed pending the outcome of the mediation. Because of the delays in finding a mediator, the parties request that the deadlines in this case be extended so that the parties may continue the hold on discovery until mediation and so that, should the mediation be unsuccessful, the parties will have sufficient time to complete discovery.
The parties request that the case deadlines be extended as follows:
Upon the foregoing, the parties respectfully request that the Court grant the requested continuance.
It is so ORDERED. STIP/ORDER to Extend Case Deadlines