JOINT STIPULATION AND ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND OTHER PENDING DEADLINES (L.R. 6-2)

EDWARD M. CHEN, District Judge.

Pursuant to Civil Local Rule 6-2, the parties hereby mutually agree and respectfully request that this Court continue the Initial Case Management Conference currently set for November 30, 2017 at 9:30 a.m. to January 25, 2018 at 9:30 a.m., or as soon thereafter as this Court is available.

The parties mutually agree and respectfully request that their deadlines to meet and confer regarding initial disclosures, file ADR Certification, file either Stipulation to ADR Process or Notice of Need for ADR Phone Conference also be extended accordingly.

The parties mutually agree and respectfully request that their deadline to file a Rule 26(f) Report, complete initial disclosures, and file a Joint Case Management Statement shall be extended to January 18, 2018.

The reason for this request is that the parties have conditionally settled this case pending approval of a global settlement agreement in the related underlying family court action currently pending in the Contra Costa Superior Court as Case No. FLMSD13-01648. Settlement of the family court action includes resolution of the above-entitled action.

It is further stipulated by and between the parties, through their respective counsels of record, and subject to the approval of this Court, that defendants' time to respond to the initial complaint in the above-entitled action be extended to January 18, 2018. This is the third request for an extension of time to file responsive pleadings. The parties have conferred and share an interest in an efficient and economical approach to managing this litigation. In that regard, the parties believe extending defendants' time to respond would prevent the unnecessary expenditure of resources.

The requested changes will not appreciably delay proceedings in this action and will enable more efficient and economical management of the litigation.

IT IS SO STIPULATED.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

ATTESTATION PURSUANT TO CIVIL LOCAL RULE 5.1

I, Russell S. Roeca, hereby attest that I have on file all holographic signatures corresponding to any signatures indicated by a conformed signature (/S/) within this e-filed document. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 14th day of November 2017 at San Francisco, California.

DECLARATION OF RUSSELL S. ROECA IN SUPPORT OF STIPULATED REQUEST

I, Russell S. Roeca, declare:

1. I am partner at Roeca Haas Montes De Oca, LLP, attorneys of record for defendants DANIEL CANTRELL and WHITING FALLON ROSS & ABEL LLP.

2. I have personal knowledge of the matters set forth in this declaration, and if called as a witness, could and would competently testify to these matters.

3. I make this declaration in support of the parties' Joint Stipulation to Continue Initial Case Management Conference and Other Pending Deadlines, including defendants' time to respond to the complaint.

4. This is the parties' first stipulation to continue the Initial Case Management Conference and related deadlines. This is the parties' third stipulation to extend defendants' time to file responsive pleadings.

5. The reason for this request is that the parties have conditionally settled this case pending approval of a global settlement agreement in the related underlying family court action currently pending in the Contra Costa Superior Court as Case No. FLMSD13-01648. Settlement of the family court action includes resolution of the above-entitled action.

6. I believe that moving the initial case management conference to January 25, 2018 and defendants' time to file responsive pleadings to January 18, 2018 would prevent the unnecessary expenditure of resources.

7. The request changes will not appreciably delay proceedings in this action and will enable more efficient and economical management of the litigation.

8. I declare under penalty of perjury, under the laws of California, that the foregoing is true and correct, and that this declaration was executed on November 14, 2017 at San Francisco, California.

ATTESTATION PURSUANT TO CIVIL LOCAL RULE 5.1

I, Russell S. Roeca, hereby attest that I have on file all holographic signatures corresponding to any signatures indicated by a conformed signature (/S/) within this e-filed document. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 14th day of November 2017 at San Francisco, California.