STIPULATION AND [PROPOSED] ORDER TO FURTHER EXTEND TIME FOR DEFENDANTS EARTHBOUND FARM, LLC, NATURAL SELECTION FOODS WELFARE BENEFITS PLAN, THE WHITEWAVE FOODS COMPANY AND THE WHITEWAVE FOODS COMPANY HEALTH & WELFARE PLAN TO RESPOND TO THE COMPLAINT, AND TO EXTEND ADR DEADLINES

EDWARD M. CHEN, District Judge.

Pursuant to Civil Local Rule 6-2(a), Defendants EARTHBOUND FARM, LLC, NATURAL SELECTION FOODS WELFARE BENEFITS PLAN, THE WHITEWAVE FOODS COMPANY and THE WHITEWAVE FOODS COMPANY HEALTH & WELFARE PLAN (collectively, "Defendants") and Plaintiff THC — ORANGE COUNTY, INC., d/b/a KINDRED HOSPITAL SAN FRANCISCO — BAY AREA ("Plaintiff") hereby stipulate, by and through their respective counsel, to extend the time by which Defendants have to answer or otherwise respond to Plaintiff's Complaint, and extend the time by which the parties must meet the Court's ADR Deadlines.

WHEREAS, on March 6, 2017, Plaintiff filed the Complaint in this action;

WHEREAS, on March 17, 2017, Plaintiff caused the Summons and Complaint to be served on Defendants, thus rendering Defendants' responses to the Complaint due on or before April 7, 2017;

WHEREAS, on April 6, 2017, the parties stipulated, pursuant to Civil Local Rule 6-1(a), to extend Defendants' deadline for answering and or otherwise responding to the Complaint from April 7, 2017 to May 8, 2017;

WHEREAS, on April 24, 2017, this case was reassigned to the Honorable Edward W. Chen with an Order vacating all presently scheduled hearing dates, including the Initial Case Management Conference, which was initially set for June 7, 2017 at 1:30 p.m. by the March 7, 2017 Order Setting Initial Case Management Conference and ADR Deadlines (Dckt. #16; Dckt. #4.);

WHEREAS, the parties stipulate to further extend Defendants' deadline for answering or otherwise responding to the Complaint from May 8, 2017 to June 7, 2017;

WHEREAS, the parties further stipulate to extend the deadline to file an ADR Certification signed by Parties and Counsel, and Stipulation to ADR Process (or Notice of Need for ADR Phone Conference) from May 17, 2017 to June 16, 2017;

WHEREAS, these extensions will not alter or interfere with any other court deadlines, as no new date has been set for the Initial Case Management Conference;

WHEREAS, good cause exists for the extension because the parties are continuing to engage in informal, good-faith discussions in an effort to resolve this action;

NOW, THEREFORE, pursuant to Civil Local Rule 6-2(a), the Parties hereby agree through their undersigned counsel of record, as follows:

1. Defendants' deadline for answering or otherwise responding to the Complaint shall be continued from May 8, 2017 to June 7, 2017;

2. The deadline under Civil Local Rule 16-8 and ADR Local Rule 3-5 for the filing of the ADR Certification and Stipulation to ADR Process (or Notice of Need for ADR Phone Conference shall be continued from May 17, 2017 to June 16, 2017.

IT IS SO STIPULATED.

Filer's Attestation: Pursuant to Local Rule 5-1(i)(3), I hereby attest that all other signatories listed, and on whose behalf the filing is submitted, concur in the filing's content and have authorized the filing.

[PROPOSED] ORDER

Having considered the parties' Stipulation to Further Extend Time To Respond to Complaint, and Other ADR Deadlines, and good cause appearing therefore, IT IS HEREBY ORDERED THAT:

1. Defendants' deadline for answering or otherwise responding to the Complaint shall be continued from May 8, 2017 to June 7, 2017;

2. The deadline under Civil Local Rule 16-8 and ADR Local Rule 3-5 for the filing of the ADR Certification and Stipulation to ADR Process (or Notice of Need for ADR Phone Conference shall be continued from May 17, 2017 to June 16, 2017.

PURSUANT TO STIPULATION, IT IS SO ORDERED.