JOINT STIPULATION TO CONTINUE HEARING AND TRIAL DATES; DECLARATIONS IN SUPPORT THEREOF; AND ORDER THEREON

ERICA P. GROSJEAN, Magistrate Judge.

This Joint Stipulation for Continuance of Hearing and Trial Dates (the "Stipulation") is entered into by plaintiff LINDE, LLC ("Plaintiff") and defendant VALLEY PROTEIN, LLC ("Defendant" and together with Plaintiff, the "Parties"), by and through their respective attorney of record based on the following facts:

RECITALS

1. Pursuant to the Status Conference held on January 23, 2018, the Court amended the Scheduling Order in the subject case as follows:

2. Additionally, on February 13, 2018, the Court issued a Minute Order setting a Settlement Conference for June 28, 2018.

3. On February 26, 2018, counsel for Defendant took the deposition of Plaintiff's representative. While the deposition of Defendant's representative was set for February 27, 2018, the deposition was ultimately continued and occurred on March 14, 2018.

4. In late March and early April 2018, counsel for Plaintiff reached out to counsel for Defendant in an effort to meet and confer prior to the filing of Plaintiff's Motion for Summary Judgment. On April 5, 2018, Plaintiff's counsel was notified by the office of Defendant's counsel that Defendant's counsel, Russell K. Ryan was recently involved in a serious accident, had undergone extensive surgery, and would be out of the office for an extended period of time.

5. As a result of Mr. Ryan's accident, counsel for the parties were unable to meet and confer prior to the April 6, 2018 Dispositive Motion deadline. Accordingly, while Plaintiff filed its Motion for Summary Judgment on April 6, 2018, counsel for the Parties agreed that if the Court agreed to extend the deadlines, hearings and trial dates set forth in the Scheduling Order, Plaintiff would withdraw the Motion for Summary Judgment until after the Parties have had sufficient time to meet and confer regarding the issues contained in the Motion. Currently, the Motion is set for

6. As set forth more thoroughly in the Declaration of Mr. Ryan, which is attached hereto, as a result of the injuries sustained by Mr. Ryan, Mr. Ryan has been out of the office since March 26, 2018 and will likely be out of the office until approximately July 16, 2018.

STIPULATION

7. Based on the foregoing, in an effort to accommodate Mr. Ryan's recovery and so as not to prejudice Defendant, the Parties hereby stipulate and agree to continue the following deadlines and dates, subject to the availability and approval of the Court:

DECLARATION OF ADAM HAMBURG

I, Adam Hamburg, declare:

1. I am a partner with McGlinchey Stafford, and the attorney of record for the Plaintiff in the above-entitled action. I have prepared this Declaration as evidence in support of the parties' Joint Stipulation for Continuance of Hearing and Trial Dates (the "Stipulation"). The matters set forth herein are true based upon my personal knowledge and, if called to testify in this matter, I could and would competently testify under oath to the facts and circumstances stated herein.

2. Pursuant to the Status Conference held on January 23, 2018, the Court amended the Scheduling Order in the subject case as follows:

2. Additionally, on February 13, 2018, the Court issued a Minute Order setting a Settlement Conference for June 28, 2018.

3. On February 26, 2018, counsel for Defendant, Russell K. Ryan took the deposition of Plaintiff's representative. While the deposition of Defendant's representative was set for the following day, as a result of a health issue, I was unable to proceed with the deposition on February 27, 2018, and the deposition was ultimately continued and occurred on March 14, 2018.

4. In late March and early April 2018, I contacted Mr. Ryan in an effort to meet and confer with Mr. Ryan prior to the filing of Plaintiff's Motion for Summary Judgment. While I was unable to reach Mr. Ryan, on April 5, 2018, I spoke with Mr. Ryan's assistant, who notified me that Mr. Ryan was recently involved in a serious accident, had undergone extensive surgery, and would be out of the office for an extended period of time.

5. As a result of Mr. Ryan's accident, I and Mr. Ryan were unable to meet and confer prior to the April 6, 2018 Dispositive Motion deadline. Accordingly, while my office filed Plaintiff's Motion for Summary Judgment on April 6, 2018, I and Mr. Ryan subsequently agreed that if the Court agreed to extend the deadlines, hearings and trial dates set forth in the Scheduling Order, I would withdraw the Motion for Summary Judgment until after the parties have had sufficient time to meet and confer regarding the issues contained in the Motion. Currently, the Motion is set for hearing on June 7, 2018.

6. I have been in contact with Mr. Ryan via email, and Mr. Ryan has advised that he will likely be out of the office recovering from his injuries for an extended period of time. Accordingly, in order to accommodate Mr. Ryan, I and my client are agreeable to extending the relevant deadlines and continuing the hearing and trial dates as set forth in the Stipulation, subject to the availability and approval of the Court.

I declare under penalty of perjury under the laws of the Unites States of America that the foregoing is true and correct to the best of my knowledge, information and belief.

DECLARATION OF RUSSELL K. RYAN

1. I am a partner in the law firm of Motschiedler, Michaelides, Wishon, Brewer & Ryan, LLP, and the attorney of record for Valley Protein, LLC. I make the following declaration of my own personal knowledge and if called upon to testify, could and would competently testify thereto.

2. On March 26, 2018, my family and I were hoping to have a relaxing spring break, Oregon late Saturday but by mid-day, I had a bit of an accident. While attempting to jump over a small stream on the beach the stream bank collapsed, I fell awkwardly and broke bones in BOTH feet and legs. The right has two fractures to the tibia, one to the fibula and the fibula is dislocated and no longer even over the foot. In the left foot I have a calcaneus (heel bone) fracture. I had two surgeries before we left the coast and had the more elaborate surgery on my right when I returned to Fresno. It was quite the ordeal just getting me off the beach as there was no vehicle access. It took two hours to carry me over sand and stream, four flights of stairs then dragging me 200 yards through a narrow forest area to the ambulance.

3. What this means going forward is a total of at least 12 weeks of no weight bearing on the left foot and 8-10 weeks on the right, with 6-9 months (perhaps longer) before everything gets 100% back to normal, or at least my new normal.

4. I am learning how to navigate with a wheelchair and have a new appreciation for my friends who have to deal with such issues on a regular basis.

5. There is no one else in my office that can substitute in for me at the hearing. I am the only seasoned litigator in the firm.

6. For these reasons I will be unable to physically participate in the upcoming trial and respectfully request that it be continued a few months so that I can be present to represent my client.

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

ORDER MODIFYING SCHEDULING ORDER

The Court, having considered the foregoing Stipulation and finding good cause, hereby orders as follows:

IT IS SO ORDERED.