STIPULATION AND ORDER TO SET BRIEFING SCHEDULE FOR DEFENDANTS' MOTION TO DISMISS, TO EXCEED PAGE LIMITS, AND TO CONTINUE CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES

WILLIAM H. ORRICK, District Judge.

Pursuant to Civil Local Rules 6-1, 6-2, 7-11, and 7-12, this Stipulation and [Proposed] Order is entered into by and between Plaintiffs, Los Gatos Mercantile, Inc., d/b/a Los Gatos Ace Hardware; Fred Swaim, Inc. d/b/a Quality Auto Parts; Ace Hardware of South Walton, Inc.; Lexington Home Center, LLC; R.F. Cole, Inc. d/b/a Brewers Paint Center; Cusimano Carstar Collision; Inc.; The Carpet Shoppe, Inc.; Morgan Tanner; and William Aviles (collectively, "Plaintiffs"), and Defendants E. I. du Pont de Nemours and Co., Huntsman International LLC, Kronos Worldwide, Inc., and Millennium Inorganic Chemicals, Inc. (collectively, "Defendants").

WHEREAS, Plaintiffs filed their original class action complaint in this action on March 15, 2013, and filed their first amended class action complaint ("First Amended Complaint") on November 4, 2013;

WHEREAS, Defendants' answers or responses to the First Amended Complaint are currently due on December 19, 2013;

WHEREAS, the parties agree and stipulate to an extension until January 24, 2014, for Defendants to answer or otherwise respond to the First Amended Complaint;

WHEREAS, the parties agree and stipulate to a briefing schedule on a motion to dismiss filed by Defendants;

WHEREAS, continuing the Case Management Conference until after briefing on Defendants' motion to dismiss is complete would promote judicial economy and efficiency and facilitate productive case management;

WHEREAS, the Case Management Conference and related deadlines have been rescheduled only once thus far, by agreement of the parties to permit Plaintiffs to file an amended complaint;

WHEREAS, the parties respectfully request that the Court continue the Case Management Conference and related deadlines until after the briefing on the motion to dismiss is complete;

WHEREAS, the parties further request that the Court expand the page limitations for the motion to dismiss briefing;

IT IS HEREBY STIPULATED AND AGREED that:

1. Defendants' answers or motion to dismiss will be due on or before January 24, 2014.

2. Plaintiffs' opposition to Defendants' motion to dismiss will be due on or before March 7, 2014.

3. Defendants' reply in support of a motion to dismiss will be due on or before April 4, 2014.

4. Defendants' motion to dismiss may include up to 60 pages.

5. Plaintiffs' opposition to Defendants' motion to dismiss may include up to 75 pages.

6. Defendants' reply in support of a motion to dismiss may include up to 35 pages.

7. The last day for the parties to meet and confer regarding initial disclosures, early settlement, ADR process, and discovery plan; file ADR Certification signed by Parties and Counsel; and file either Stipulation to ADR Process or Notice of Need for ADR Phone Conference is continued from January 10, 2014, to April 16, 2014.

8. The last day for the parties to file the Rule 26(f) Report, complete their initial disclosures or objections thereto, and file the Case Management Statement is continued from January 24, 2014, to April 23, 2014.

9. The Case Management Conference shall be continued from January 28, 2014, to a suitable date following the completion of briefing on Defendants' motion to dismiss.

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED as modified below in bold. Accordingly:

(a) Defendants' answers or motion to dismiss will be due on or before January 22, 2014;

(b) Plaintiffs' opposition to Defendants' motion to dismiss will be due on or before March 5, 2014;

(c) Defendants' reply in support of a motion to dismiss will be due on or before April 2, 2014;

(d) Defendants' motion to dismiss and Plaintiffs' opposition to Defendants' motion to dismiss each may include up to 40 pages;

(e) Defendants' reply in support of a motion to dismiss may include up to 15 pages;

(f) Defendants' motion to dismiss will be heard on April 23, 2014 at 2:00 p.m.

(g) The last day for the parties to meet and confer regarding initial disclosures, early settlement, ADR process, and discovery plan; file ADR Certification signed by Parties and Counsel; and file either Stipulation to ADR Process or Notice of Need for ADR Phone Conference is continued from January 10, 2014, to April 9, 2014;

(h) The last day for the parties to file the Rule 26(f) Report, complete their initial disclosures or objections thereto, and file the Case Management Statement is continued from January 24, 2014, to April 16, 2014; and

(i) The Case Management Conference shall be continued from January 28, 2014 to April 23, 2014 at 2:00 p.m.