STIPULATION AND ORDER RE-SETTING THE BRIEFING SCHEDULE AND HEARING DATE FOR DEFENDANTS' MOTION TO DISMISS

LAWRENCE K. KARLTON, District Judge.

Plaintiff Beth A. Bodi and defendants Shingle Springs Band Of Miwok Indians, Shingle Springs Tribal Health Program, Shingle Springs Tribal Health Board, and Brenda Adams (collectively "Parties"), by and through their counsel of record respectfully request that the court give effect to the stipulation related to the revised briefing schedule and hearing date for defendants' Motion to Dismiss currently set for hearing on December 9, 2013. The parties' stipulation, through counsel, is as follows:

WHEREAS, all the above-listed defendants have filed their F.R.C.P. 12(b)(1) Motion to Dismiss, seeking dismissal of Plaintiff's Second Amended Complaint based upon the lack of subject matter jurisdiction, and the hearing is scheduled for December 9, 2013;

WHEREAS, the Parties wish to make arrangements for orderly filing of the Opposition and Reply briefing on a timeline to conserve judicial and litigant resources in light of settlement efforts;

WHEREAS, the Parties also wish to briefly continue the hearing date to provide the Court with sufficient opportunity to review the Parties' papers; and

WHEREAS, the Parties agree that the foregoing reasons present good cause for altering the briefing schedule set forth in Rule 230 of the Local Rules of the United States District Court, Eastern District of California.

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED among the Parties that:

1. Plaintiff shall oppose defendants' motion to dismiss no later than November 4, 2013;

2. Defendants shall file any reply brief in support of their motion to dismiss no later than December 9, 2013.

3. The hearing on Defendants' motion to dismiss shall be continued to December 16, 2013, at 10:00 a.m., or at a date and time convenient for the Court.

4. The scheduling conference in this matter set for December 16, 2013, shall be taken off calendar, to be reset, if necessary, following the resolution of Defendants' motion to dismiss.

IT IS SO STIPULATED.

ORDER

The Parties having stipulated thereto and good cause appearing, IT IS HEREBY ORDERED THAT:

1. Plaintiff shall oppose defendants' motion to dismiss no later than November 4, 2013;

2. Defendants shall file any reply brief in support of their motion to dismiss no later than December 9, 2013.

3. The hearing on Defendants' motion to dismiss is continued to January 13, 2014, at 10:00 a.m.

4. The scheduling conference in this matter set for December 16, 2013, is continued to February 10, 2014 at 10:30 a.m.