Gallogly v. Foremost Ins. Co. Grand Rapids Mich.

Hon. Barbara J. Rothstein, United States District Court Judge

ROPERS MAJESKI PC JOANNE T. BLACKBURN NATALIA A. SMIRNOVA COUNSEL FOR DEFENDANT FOREMOST INSURANCE COMPANY GRAND RAPIDS, MICHIGAN

LAW OFFICE OF WILLIAM E. PIERSON, JR. | PC WILLIAM E. PIERSON, JR., WSBA NO. 13619 COUNSEL FOR PLAINTIFFS VINETA AND MICHAEL GALLOGLY

STIPULATED MOTION AND ORDER EXTENDING DISCOVERY DEADLINES

Hon. Barbara J. Rothstein, United States District Court Judge

I. STIPULATED MOTION

The parties in this matter stipulate and agree to move the Court for an Order modifying the Court's case scheduling order (Dkt. No. 10).

A scheduling order may be modified “for good cause and with the judge's consent.” Fed.R.Civ.P. 16(b)(4). Good cause exists for the requested continuance.

This request is necessitated by delays in the testing of several ruptured pipes, pipe connectors and the BackerBoard behind the shower, which are critical pieces of evidence in this matter. The testing is taking longer than initially anticipated and both parties agree that this testing is essential to advancing towards a resolution of this matter.

Accordingly, pursuant to the agreement between the parties, the undersigned counsel for Plaintiff and Defendant respectfully request that the Court extend certain deadlines in this case as follows:

Reports from expert witness under FRCP 26(a)(2): From December 31, 2024 to January 31, 2025

Completion of Fact Discovery: From January 10, 2025 to February 14, 2025

Completion of Expert Discovery: From January 31, 2025 to February 14, 2025

Both parties have agreed that an extension of the deadlines is appropriate and necessary, as these tests, will assist in resolving the matter efficiently. Moreover, both parties have agreed that their experts and fact witnesses need the test results to provide opinions on when the leak first started. Finally, the parties are scheduling a mediation for the time period after the test results will be provided, in an attempt to resolve this case short of incurring the expenses of extensive discovery and trial.

II. ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Discover deadlines are modified as follows:

Reports from expert witness under FRCP 26(a)(2): From December 31, 2024 to January 31, 2025

Completion of Fact Discovery: From January 10, 2025 to February 14, 2025

Completion of Expert Discovery: From January 31, 2025 to February 14, 2025.