JOINT STIPULATION TO CONTINUE CASE DEADLINES; [PROPOSED] ORDER

JON S. TIGAR, District Judge.

Plaintiff, Dennis M. Lorenz ("Plaintiff"), and Defendants, Safeway Inc. ("Safeway") and Safeway Benefit Plans Committee ("Benefit Plans Committee"), collectively ("Defendants"), through their counsel, hereby stipulate and agree that:

WHEREAS, the initial complaint was filed against Safeway Inc., the Benefits Plans Committee Safeway Inc. and Great-West Financial RFS LLC ("Great-West") on August 25, 2016;

WHEREAS, the Court dismissed the claims against Great-West with prejudice and consequently removed Great-West as a defendant in this action on March 13, 2017 (ECF No. 58);

WHEREAS, the Rule 16(b) conference was held, and the Court then issued the current scheduling order on March 15, 2017 (ECF No. 60), setting the discovery, pre-trial and trial dates;

WHEREAS, after the scheduling order was issued, Plaintiff filed a third amended complaint on March 31, 2017;

WHEREAS, the Plaintiff and Defendants have exchanged certain initial disclosures, have engaged in written discovery and have been in the process of scheduling depositions;

WHEREAS, the Parties have been working diligently and cooperatively to prepare this case for trial, while also pursuing their efforts in a manner designed to avoid imposing undue burdens or expenses on any of the Parties;

WHEREAS, in light of the above and despite the Parties' diligent efforts to cooperate, the Parties believe that the current schedule will not provide adequate time to complete discovery, expert disclosures, dispositive motions, and trial;

WHEREAS, the Parties have not previously requested any extensions of the pretrial or trial dates in this case;

WHEREAS, in the related case of Maria Karla Terraza v. Safeway Inc., et al. (No. 16-cv-03994-JST) (see Docket No. 26), the Court entered an order providing for a ninety (90) day continuance of the deadlines for expert and fact discovery and to file dispositive motions (see ECF No. 108 in Terraza) on November 30, 2017;

WHEREAS, the Court in the Terraza action also ordered that the next Case Management Conference be held on January 24, 2018, at 2:00 pm., the Pretrial Conference be held on September 7, 2018, at 2 p.m. with the joint pretrial conference statement due on or before August 28, 2018, and that trial shall commence on October 22, 2018, with eight (8) days reserved for trial;

WHEREAS, the Court in this action also ordered that the next Case Management Conference be held on January 24, 2018, at 2:00 pm. (ECF No. 74.1)

WHEREAS, the Parties have agreed that good cause exists for an order setting all the dates, including the pretrial and trial dates, to the dates set in in the Terraza action because the issues in these two actions overlap;

NOW, THEREFORE, the Parties, through their respective counsel, hereby stipulate, subject to the approval of the Court, to the following schedule:

Pursuant to L.R. 5-1(i)(3) regarding signatures, I, R. Bradford Huss, attest that concurrence in the filing of this document has been obtained from each of the other signatories.

[PROPOSED] ORDER

IT SO ORDERED.

The Pretrial Conference shall be held on September 7, 2018, at 2 p.m., and the trial shall commence on October 22, 2018, with eight (8) days reserved for trial The parties shall file a joint pretrial conference statement on or before August 28, 2018.