Stipulation and Proposed Order – Federal Court

UNITED STATES DISTRICT COURT
[________________________________] DISTRICT OF [____________________]
[________________] DIVISION

[Full Party Name(s)],

Plaintiff(s),

v.

[Full Party Name(s)],

Defendant(s).

Case No. [____]-cv-[________________________________]

Judge: Hon. [________________________________]
Magistrate Judge: Hon. [________________________________]

STIPULATION AND [PROPOSED] ORDER

(Select applicable type below)

TYPE OF STIPULATION (check one):
☐ Extension of Time / Modification of Deadline — FRCP 6(b), 16(b)(4)
☐ Discovery Modification — FRCP 29
☐ Modification of Briefing Schedule — FRCP 6(b)
☐ Voluntary Dismissal — FRCP 41(a)(1)(A)(ii)
☐ Protective Order / Confidentiality Agreement — FRCP 26(c)
☐ Other: [________________________________]

SECTION 1: RECITALS

Plaintiff(s) [________________________________] and Defendant(s) [________________________________]
(collectively, the "Parties"), by and through their respective undersigned counsel of record,
hereby stipulate and agree as set forth herein.

WHEREAS, this action is pending before the Court and was filed on [__/__/____];

WHEREAS, the Court entered a Scheduling Order or Case Management Order on [__/__/____]
(ECF No. [____]);

WHEREAS, [________________________________];

WHEREAS, [________________________________];

WHEREAS, the Parties have met and conferred and agree that the following modification
is appropriate, will not unduly delay the proceedings, and is in the interest of judicial economy;

NOW, THEREFORE, the Parties hereby stipulate and agree as follows:

SECTION 2A: TIME EXTENSION / SCHEDULING MODIFICATION

(Complete this section if seeking extension of deadlines — FRCP 6(b), 16(b)(4))

The Parties stipulate to the following modifications to the [☐ Scheduling Order ☐ Case
Management Order ☐ Court Order dated [__/__/____] (ECF No. [____]) ☐ other: [____]]:

Reason for Extension: [________________________________]

Court Approval Required?
☐ Yes — This modification affects deadlines set by Court order and requires Court approval.
The Parties respectfully request that the Court enter the Proposed Order below.
☐ Yes — This extension is requested after the deadline has expired and requires a showing of
good cause and/or excusable neglect. See FRCP 6(b)(1)(B).
☐ No — This is a self-executing discovery stipulation under FRCP 29 that does not affect
court-set deadlines for discovery completion, motion hearings, or trial.

Note: Under FRCP 6(b)(1)(A), the Court may extend time before a deadline expires upon
a showing of good cause. FRCP 16(b)(4) provides that a schedule may be modified only for
good cause and with the judge's consent.

SECTION 2B: DISCOVERY MODIFICATION

(Complete this section for discovery stipulations — FRCP 29)

The Parties stipulate to the following modifications to discovery procedures:

☐ Interrogatory Limit: The Parties agree that each side may serve up to [____] interrogatories
(departing from the FRCP 33(a)(1) default of 25).

☐ Deposition Limit/Duration: The Parties agree that [describe modification]:
[________________________________]

☐ Request for Production Limit: [________________________________]

☐ Admission of Requests for Admission: [________________________________]

☐ Expert Discovery Schedule:

☐ Other Discovery Modification: [________________________________]

Court Approval Required?
☐ No — This discovery modification does not affect court-ordered deadlines for completing
discovery, hearing motions, or trial. FRCP 29(b).
☐ Yes — This discovery modification would affect court-ordered deadlines and requires Court
approval. FRCP 29(b).

SECTION 2C: BRIEFING SCHEDULE MODIFICATION

(Complete this section for briefing schedule modifications)

The Parties agree to the following amended briefing schedule for [________________________________]
(ECF No. [____]):

Page/Word Limits: ☐ Unchanged ☐ Modified as follows: [________________________________]

SECTION 2D: VOLUNTARY DISMISSAL

(Complete this section for FRCP 41(a)(1)(A)(ii) stipulated dismissal)

The Parties hereby stipulate to the dismissal of this action ☐ in its entirety ☐ with respect
to the following claims only: [________________________________]

☐ Without Prejudice — This dismissal is without prejudice to any party's right to refile.
☐ With Prejudice — This dismissal is with prejudice. Each party shall bear their own
attorneys' fees and costs, unless otherwise agreed below.

Settlement Terms (if applicable):
☐ The Parties have reached a confidential settlement. Terms are set forth in a separate
Settlement Agreement executed on [__/__/____].
☐ The Court is requested to retain jurisdiction to enforce the Settlement Agreement.
☐ No settlement. Parties are dismissing without settlement.

Attorneys' Fees and Costs:
☐ Each party shall bear their own attorneys' fees and costs.
☐ Costs and fees allocated as follows: [________________________________]

Note: Under FRCP 41(a)(1)(A)(ii), a stipulated dismissal signed by all parties who have
appeared is effective immediately upon filing and does not require a court order. However, if the
court has previously dismissed a claim with prejudice in a prior action, the "two-dismissal rule"
under FRCP 41(a)(1)(B) may make the dismissal operate as an adjudication on the merits.

SECTION 3: CONSIDERATION AND MUTUAL AGREEMENT

The Parties enter into this Stipulation in consideration of the mutual promises contained
herein and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged.

SECTION 4: SIGNATURES OF COUNSEL

Dated: [__/__/____]

For Plaintiff(s) [________________________________]:

Signature: [________________________________]

[________________________________], Esq.
[Bar No. [________________________________]]
[________________________________] (Firm)
[________________________________]
[________________________________], [____] [__________]
([____]) [____]-[________]
[________________________________] (Email)

Dated: [__/__/____]

For Defendant(s) [________________________________]:

Signature: [________________________________]

[________________________________], Esq.
[Bar No. [________________________________]]
[________________________________] (Firm)
[________________________________]
[________________________________], [____] [__________]
([____]) [____]-[________]
[________________________________] (Email)

(Additional signature blocks as needed for additional parties)

Dated: [__/__/____]

For [________________________________]:

Signature: [________________________________]

[________________________________], Esq.
[Bar No. [________________________________]]
[________________________________] (Firm)
[________________________________]

SECTION 5: CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Stipulation
and Proposed Order was served on all parties and counsel of record via the Court's CM/ECF
system, which will automatically generate a Notice of Electronic Filing (NEF) to all registered
participants.

☐ Non-CM/ECF participants were served by: ☐ First-class mail ☐ Email ☐ Hand delivery
at the following address(es): [________________________________]

Signature: [________________________________]
[________________________________], Counsel for [________________________________]

[PROPOSED] ORDER

UNITED STATES DISTRICT COURT
[________________________________] DISTRICT OF [____________________]

[Case Caption as Above]

Case No. [____]-cv-[________________________________]

ORDER

Upon consideration of the Parties' Stipulation filed [__/__/____] (ECF No. [____]), and good
cause appearing therefor:

IT IS HEREBY ORDERED that:

1. [Restate first agreed term, including new deadline or directive]:

[________________________________]

2. [Restate second agreed term]:

[________________________________]

3. [Additional provisions, e.g., retention of court jurisdiction, confidentiality, or other
   terms as needed]:

[________________________________]

4. All other deadlines and case management dates ☐ remain unchanged ☐ are amended
   as set forth in this Order.

5. The [☐ Scheduling Order ☐ Case Management Order ☐ Pretrial Order] entered on
   [__/__/____] is hereby [☐ modified as set forth herein ☐ superseded in relevant part].

IT IS SO ORDERED.

Dated: _______________

[________________________________]
United States [☐ District ☐ Magistrate] Judge
[________________________________] District of [____________________]

FILING INSTRUCTIONS AND CHECKLIST

Sources and References

• Fed. R. Civ. P. 29 (Discovery Stipulations): https://www.law.cornell.edu/rules/frcp/rule_29
• Fed. R. Civ. P. 41 (Dismissal): https://www.law.cornell.edu/rules/frcp/rule_41
• Fed. R. Civ. P. 6 (Time): https://www.law.cornell.edu/rules/frcp/rule_6
• Fed. R. Civ. P. 16 (Scheduling): https://www.law.cornell.edu/rules/frcp/rule_16