STIPULATION TO EXTEND TIME TO FILE REQUEST FOR MEDIATION AND ORDER THEREON

RICHARD SEEBORG, District Judge.

WHEREAS,

1. The present case involves a property consisting of approximately 5000 acres, that includes over ten buildings,(e.g., hotel rooms, conference rooms, restaurants, and spa facilities), seven swimming pools and miles of roads and trails ("the Property");

2. Plaintiffs filed their Complaint in this matter on October 22, 2013;

3. Defendants filed their Amended Answer on February 12, 2014;

4. The Property is larger in size than properties typically involved in litigation that is subject to General Order No. 56;

5. The parties conducted a joint site inspection under General Order 56 over several days in February 2014;

6. In August 2014, the parties stipulated to delay the General Order 56 mediation deadlines to allow for production and analysis of plaintiff's expert consultant report on the site inspection, an Order that the Court signed on August 8, 2014, granting an extension of time to file a Notice of Need for Mediation until November 6, 2014;

7. Plaintiffs' expert consultant produced a written report of 524 pages that plaintiffs provided to defendants under the mediation privilege on August 8, 2014;

8. Defendants have been working with their own consultants to evaluate the report but have asked plaintiffs for more time to complete their analysis and respond to plaintiffs' demand on injunctive relief; and

9. The parties jointly request the Court extend the deadline for filing a Notice of Need for Mediation for an additional six weeks, until December 18, 2014. Good causes exists to extend time to allow the parties to informally negotiate and resolve issues informally (including legal and factual issues on which the parties may need to meet and confer) before involving the ADR unit as required by General Order 56.

WHEREFORE THE PARTIES STIPULATE AND REQUEST AS FOLLOWS:

That the Court set a deadline under General Order 56 that the plaintiff give a Notice of Need for Mediation on or before December 18, 2014.

CONCURRENCE

In accordance with N.D. Cal. General Order No. 45, the filer of this document hereby attests that the concurrence to the filing of this document has been obtained from the other signatory hereto.

PURSUANT TO STIPULATION, IT IS SO ORDERED.