STIPULATION SETTING AND CONTINUING BRIEFING SCHEDULE AND HEARING ON DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' COMPLAINT

JON S. TIGAR, District Judge.

Pursuant to Civil Local Rules 6-1, 6-2 and 7-12, Plaintiffs Student A, B, C, and D (collectively, "Plaintiffs") and Defendants The Berkeley Unified School District, Donald Evans, in his official capacity as the Superintendent for the Berkeley Unified School District; Beatriz Leyva-Cutler, Ty Alper, Judy Appel, Josh Daniels, and Karen Hemphill, each in his or her official capacity as a director of the Berkeley Unified School District Board of Education; and The Board of Education of Berkeley Unified School District (collectively, "Defendants"), by and through their respective counsel, HEREBY STIPULATE and AGREE as follows:

WHEREAS, Plaintiffs filed their Complaint for Injunctive and Declaratory Relief against Defendants ("Complaint") (Dkt. 1) on May 2, 2017 in the United States District Court, Northern District of California, which was initially assigned Case No. 3:17-cv-02510-MEJ, and which was subsequently assigned to the Honorable Jon S. Tigar on June 21, 2017 (Dkt. 49);

WHEREAS, on May 29, 2017, Defendants requested and Plaintiffs agreed to a 20-day extension of time, to and including June 19, 2017, within which to file Defendants' responsive pleading.

WHEREAS, on May 30, 2017, Defendants filed a stipulation requesting the above-referenced 20-day extension of time, to and including June 19, 2017, within which to file Defendants' responsive pleading to Plaintiffs' Complaint (Dkt. 38).

WHEREAS, on June 19, 2017 (Dkt. 46), Defendants filed their Notice of Motion and Motion to Dismiss [FRCP 12(b)(1) and (6)] ("Motion to Dismiss"), which is currently set for hearing on August 10, 2017, the opposition to which is currently due on July 3, 2017, and to which a reply is due on June 10, 2017;

WHEREAS, no prior extension of time in which to respond or continue the briefing schedule and hearing date for the Motion to Dismiss (Dkt. 46) has been requested by parties; and

WHEREAS, the extension of time to respond and continue the briefing schedule and hearing date to the Motion to Dismiss, agreed upon by the parties, will not alter or affect any event or deadline fixed by the Court at this time. NOW, THEREFORE, the parties stipulate and agree as follows:

1. The time for Plaintiffs to file their Opposition to Defendants' Motion to Dismiss shall be extended by ten (10) days, to and including July 13, 2017.

2. The time for Defendants to file their Reply in Support of their Motion to Dismiss shall be extended by five (5) days based on the modified July 13, 2017 Opposition Filing Date, to and including July 25, 2017.

3. The date of the hearing shall be extended by fourteen (14) days, and shall be set for June 27, 2017 Respectfully submitted,

PURSUANT TO STIPULATION, IT IS SO ORDERED.