STIPULATION AND ORDER CONTINUING TRIAL

CHARLES R. BREYER, District Judge.

Defendant The Hershey Company ("Hershey") and Plaintiffs (collectively, the "Parties"), by and through their respective counsel, pursuant to Civil Local Rules 6-2, 7-12, and 40-1 of the Northern District of California, jointly request an order continuing trial, and aver as follows:

WHEREAS on January 16, 2015, the Court set a trial date of August 17, 2015 and a pretrial conference for August 4, 2015, ECF 217;

WHEREAS on March 27, 2015, Hershey filed a Motion for Partial Summary Judgment seeking dismissal of all claims brought by Plaintiffs David Bolle, Lori DeLaRue, Mary Frazier, Richard Nelson, Mary Wasson, Mary Weeks, and James Bombeck (collectively, "Release Plaintiffs"), ECF 150;

WHEREAS on April 3, 2015, Plaintiffs filed a Motion for Partial Summary Judgment seeking summary judgment on Hershey's Tenth Affirmative Defense, of waiver, ECF 236;

WHEREAS, the Parties' cross-Motions remain pending, ECF 268;

WHEREAS, no deadline for summary judgment exists and Hershey has informed Plaintiffs that it will move for summary judgment on and/or to sever the remaining claims alleged by Plaintiffs and/or for decertification and Plaintiffs take no position at this time as to the propriety of those proposed motions and waive no rights or arguments regarding those motions,

WHEREAS, the earliest hearing date for any additional motion is July 17, 2015;

WHEREAS, based on the current pre-trial schedule, the Parties must serve motions in limine two days prior to that hearing date and submit their other pre-trial filings less than two weeks later, which would require the Parties to draft pre-trial filings and prepare for trial without knowing the scope of trial;

WHEREAS, the Parties will promptly engage in discussions, including regarding mediation, to determine if a resolution of this litigation can be reached upon receiving a ruling on the pending cross-motions for partial summary judgment, and Hershey will file its remaining summary judgment motions subsequent to these efforts, in September 2015, Plaintiffs shall have 21 days to file their opposition[s], and Hershey shall have 14 days for its reply(ies);

WHEREAS, the Parties seek a continuance of trial in order to facilitate a potential resolution of this matter and to conserve the resources of the Court and the Parties, as well as to provide adequate time to complete expert disclosures and discovery and to obtain a ruling on any additional motions in advance of trial and related pre-trial deadlines, and the Parties do not seek this continuance for the purpose of delay;

WHEREAS, Hershey has advised Plaintiffs that due to the seasonal demands of Halloween and the importance of this season to its business, Hershey's witnesses' availability is severely limited in October;

WHEREAS, Plaintiffs' and Defendant's counsel have a trial scheduled to begin in this Court in a separate matter on November 9, 2015, and defense counsel has a federal court trial scheduled for December 8, 2015 in another matter;

WHEREAS, all parties and their counsel are available for trial during the weeks of January 18, 2016 through March 14, 2016;

WHEREAS, the Parties agree that this Stipulation and the fact of entering into this Stipulation is without prejudice to any rights, position or arguments the Parties may make in this Action and that nothing in this Stipulation or the fact of entering into this Stipulation shall be construed as an admission by either Party or otherwise prejudice either Party's position in any further litigation;

IT IS HEREBY STIPULATED pursuant to Local Rule 6-2 and 40-1 by and between the Parties hereto, through their respective attorneys of record, to the extension of certain deadlines as follows:

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

Pursuant to L.R. 5-1(i)(3) regarding signatures, I, Brandon J. Brigham, attest that concurrence in the filing of this document has been obtained from each of the other signatories. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 10th day of June, 2015.

PURSUANT TO STIPULATION, IT IS SO ORDERED.