STIPULATION AND [PROPOSED] ORDER TO CONTINUE DEFENDANTS' MOTION FOR ATTORNEYS FEES AND EXPERT COSTS

MARIA ELENA JAMES, District Judge.

The undersigned parties, through counsel, STIPULATE and AGREE and jointly request a continuance of Defendants' Motion for Attorneys Fees and Expert Costs from March 21, 2013 at 10:00 a.m. to April 11, 2013 at 10:00 a.m. The parties make this request based on the following circumstances:

1. The Court on its on motion reset Defendants' Motion for Attorneys Fees and Expert Costs from March 14, 2013 to March 21, 2013.

2. Counsel for defendants Warren Metlitzky has a motion for summary judgment due on March 21, 2013 in Thomas Cooke v. City and County of San Francisco, San Francisco Superior Court No. CGC-11-515413. The summary judgment is extensive and the filing date was specifically scheduled to avoid conflict with defendants' motion for attorney fees in this matter. Given the impending filing date, defense counsel is unable to properly prepare for and attend the hearing on March 21, 2013. Defense counsel contacted plaintiff's counsel to inquire when plaintiffs' counsel would next be available to attend the hearing.

4. Based on defense counsel's unavailibility, the parties stipulate to continuing defendants' Motion for Attorneys Fees and Expert Costs to April 11, 2013, or as soon thereafter as is convenient for the Court.

IT IS SO STIPULATED. Page 3>

ORDER

Based on the above stipulation, and for good cause appearing, IT IS ORDERED as follows: