STIPULATION WITHDRAWING PLAINTIFFS' MOTION FOR EXPEDITED DISCOVERY AND [PROPOSED] ORDER

JON S. TIGAR, District Judge.

WHEREAS, defendants Spartacus 20th LP (NV) d.b.a. BodyRok; Spartacus 20th Properties, L.P.; Spartacus 20th Properties G.P., Inc.; Philip R. Palumbo; Jakob Irion; BodyRok Franchise, L.P.; BodyRok Franchise G.P., Inc.; Exercise Technologies, L.P.; and Sculpt Fitness Berkeley, LLC (collectively, "Defendants") filed a Motion to Dismiss Complaint or, in the Alternative, Motion for Summary Judgment on December 1, 2015, Dkt. No. 15;

WHEREAS, plaintiffs Sebastien Lagree and SPX Fitness, Inc. d.b.a. Lagree Fitness (collectively, "Plaintiffs") filed a Motion for Expedited Discovery on December 3, 2015, Dkt. No. 18;

WHEREAS, on December 17, 2015, Defendants filed an Opposition to Plaintiffs' Motion for Expedited Discovery, Dkt. No. 24;

WHEREAS, on December 23, 2015, Plaintiffs filed a Reply in Support of Motion for Expedited Discovery, Dkt. No. 28;

WHEREAS, on January 11, 2016, the Court denied without prejudice Defendants' Motion to Dismiss Complaint or, in the Alternative, Motion for Summary Judgment, Dkt. No. 29;

WHEREAS, the Motion for Expedited Discovery is noticed for a hearing on January 21, 2016, at 2:00 p.m., Dkt. No. 20;

WHEREAS, Plaintiffs and Defendants are scheduled for a mediation on February 1, 2016; and

WHEREAS, Plaintiffs have agreed to withdraw their Motion for Expedited Discovery without prejudice;

IT IS HEREBY STIPULATED AND AGREED, by the undersigned attorneys for the parties set forth below, that Plaintiffs' Motion for Expedited Discovery, Dkt. No. 18, is hereby withdrawn without prejudice as to any of the issues raised therein.