STIPULATION AND [PROPOSED] ORDER FOR LIMITED MODIFICATION TO SCHEDULING ORDER

VINCE CHHABRIA, District Judge.

Pursuant to Local Rule 6-1(b), Plaintiffs MARY GARRISON and GRACE GARRISON, individually, and on behalf of all others similarly situated (collectively "Plaintiffs"), on the one hand, and Defendant WHOLE FOODS MARKET GROUP, INC. ("Defendant"), by and through their undersigned counsel, hereby stipulate as follows:

WHEREAS, the Court entered an initial scheduling order ("Initial Scheduling Order") designating an initial phase of discovery limited to (1) written fact and document discovery targeted to information necessary to prepare for mediation; and (2) the completion of the depositions of Plaintiffs. (Dkt. #50).

WHEREAS, the Initial Scheduling Order required this phase of discovery to be completed on or before December 15, 2014 and further required the Parties to complete a mediation on or before February 2, 2015 before reporting back to the Court for a further case management conference on February 10, 2015.

WHEREAS, the Parties attempted to resolve certain disputes regarding written discovery without burdening the Court, but required additional time to attempt to resolve them and thereafter take Plaintiffs' depositions.

WHEREAS, on December 17, 2014, pursuant to the Parties' Stipulation, the Court entered a modified scheduling order ("Modified Scheduled Order") extending the deadline to complete the current phase of fact discovery to January 16, 2015 for the limited purposes of allowing the parties to: (a) resolve their dispute as to Plaintiffs' responses to Defendant's written discovery, including but not limited to Plaintiffs' document production; and (2) complete the depositions of Plaintiffs. (Dkt. 54.)

WHEREAS, the Court also ordered that, to the extent the Parties do not move to compel with respect to any written discovery propounded in this initial phase of discovery prior to the mediation, the Parties reserve the right to move to compel with respect to all such written discovery up to and including 7 days after the close of all fact discovery in the action pursuant to Local Rule 37-3.

WHEREAS, the Parties have made progress in their attempts to resolve their disputes regarding written discovery without burdening the Court; however, the Parties require additional time to attempt to attempt to resolve them and thereafter take Plaintiffs' depositions. WHEREAS, the additional time the Parties seek will not alter the current deadline to complete mediation as the Parties are currently scheduled to participate in a private mediation on February 2, 2015, within the time contemplated in the Scheduling Order.

IT IS THEREFORE STIPULATED that:

1. The deadline to complete the current phase of fact discovery shall be continued from January 16, 2015 to January 30, 2015 for the limited purposes of allowing the parties to: (a) resolve their dispute as to Plaintiffs' responses to Defendant's written discovery, including but not limited to Plaintiffs' document production; and (2) complete the depositions of Plaintiffs.

2. To the extent the Parties do not move to compel with respect to any written discovery propounded in this initial phase of discovery prior to the mediation, the Parties reserve the right to move to compel with respect to all such written discovery up to and including 7 days after the close of all fact discovery in the action pursuant to Local Rule 37-3.

[PROPOSED] ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.

1. The deadline to complete the current phase of initial fact discovery shall be continued to January 30, 2015 for the limited purposes of allowing the parties to: (a) resolve their dispute as to Plaintiffs' responses to Defendant's written discovery, including but not limited to Plaintiffs' document production; and (2) complete the depositions of Plaintiffs.

2. To the extent the Parties do not move to compel with respect to any written discovery prior to the mediation, the Parties shall be permitted to move to compel with respect to any written discovery up to and including 7 days after the close of all fact discovery in the action pursuant to Local Rule 37-3, or as otherwise ordered by the Court. It shall be sufficient to satisfy this deadline to move to compel that the Parties submit the joint letter brief required in paragraph 9 of this Court's civil standing order by the motion to compel deadline.