STIPULATION AND [PROPOSED] ORDER TO AMEND THE SCHEDULING ORDER
ERICA P. GROSJEAN, Magistrate Judge.
Plaintiff and Counter-Defendant, GALLO CATTLE COMPANY d/b/a JOSEPH GALLO FARMS ("Gallo") and Defendant and Counter-Plaintiff SAPUTO DAIRY FOODS USA, LLC ("Saputo") respectfully submit this stipulated request that the Court grant a limited extension of the non-expert discovery period set forth in the Scheduling Conference Order (see ECF 15). In support of this stipulation, the parties state as follows:
1. The Court set a pretrial schedule in this case on January 24, 2017 (ECF 15), and discovery opened on February 10, 2017 with the parties' exchange of Fed. R. Civ. P. 26(a) Initial Disclosures. Thereafter the parties have mutually responded to written discovery and produced documents in response to requests for production. No depositions have yet taken place nor are any scheduled at present.
2. Throughout the fact discovery period, the parties have informally discussed settlement in good faith without achieving a resolution on their own. The parties believe that the assistance of a mediator will be helpful, and have scheduled a mediation session before Hon. James A. Ardaiz (Ret.) in Fresno, California on June 30, 2017. Representatives from both parties with full settlement authority will be present at the mediation.
3. The parties are cautiously optimistic that a settlement of this action can be reached in connection with the June 30 mediation.
4. The parties respectfully request that the Court grant a 30-day extension of the fact discovery window in order to give the parties a chance to mediate this case prior to incurring the costs and burdens associated with fact depositions and expert discovery.
5. Pursuant to L.R. 144(b), the parties state that they have not previously requested an extension of time from the Court.
6. The proposed extension will not impact any deadlines before the Court.
7. Therefore, the parties respectfully request that the Scheduling Conference Order entered on January 24, 2017 be amended as follows:
I hereby attest that concurrence has been obtained from Evangeline A.Z. Burbidge, counsel for Saputo Dairy Foods USA, LLC, as indicated by a "conformed" signature (/s/) within this e-filed document.
UPON CONSIDERATION of the Parties' Stipulation to Amend the Scheduling Order, and for good cause appearing, IT IS SO ORDERED that the Scheduling Conference Order governing the pretrial phase of the above-captioned litigation is amended as set forth above.
IT IS SO ORDERED.