STIPULATION REGARDING AMENDMENTS TO THE SCHEDULING ORDER

KIMBERLY J. MUELLER, District Judge.

Plaintiffs and Relators Denika Terry, Roy Huskey III, and Tamera Livingston and Defendants Wasatch Advantage Group, LLC, Wasatch Property Management, Inc., Wasatch Pool Holdings, LLC, Chesapeake Commons Holdings, LLC, Logan Park Apartments, LLC, and Logan Park Apartments, LP (together, "the Parties"), by and through their undersigned counsel, hereby stipulate as follows:

WHEREAS, the Court issued the most recent pretrial scheduling order in this case on December 21, 2018 (ECF 103);

WHEREAS, under Federal Rule of Civil Procedure 16(b)(4), the Court has broad discretion to modify a pretrial scheduling order on a showing of "good cause," focusing on the diligence of the parties and the reasons for the requested modification, Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992); C.F. ex rel. Farnan v. Capistrano Unified Sch. Dist., 654 F.3d 975, 984 (9th Cir. 2011);

WHEREAS, Plaintiffs sought amendments to the pretrial scheduling order by motion filed on June 14, 2019 (ECF 107 at 15-19), and Defendants indicated that they agreed to Plaintiffs' proposed amendments (ECF 107-1, Ex. 13; ECF 108 at 2);

WHEREAS, for the reasons set out in Plaintiffs' motion, Plaintiffs have shown good cause for relief from the scheduling order under Federal Rule of Civil Procedure 16(b)(4) (see ECF 107 at 15-19 (describing Plaintiffs' diligence, delays to the litigation resulting from the Parties' dispute about the class list, the addition of new counsel, and the Parties' exploration of mediation));

WHEREAS, the amended deadlines proposed by Plaintiffs in their June 14th motion were calculated to address the delays to the litigation resulting from the Parties' months-long dispute regarding the class list, which has unavoidably and significantly delayed both notice to the class and merits discovery efforts (ECF 107 at 17, 18-19);

WHEREAS, the remainder of Plaintiffs' June 14th motion addressed issues relating to the class list and class notice, seeking clarification or amendment of the class period for the Reimbursement Class, an order requiring Defendants to compile and produce the class list no later than July 26, 2019, and approval of Plaintiffs' proposed class notice (ECF 107 at 9-15);

WHEREAS, on July 2, 2019, the Court vacated the July 12, 2019 hearing on Plaintiffs' motion and reset the hearing for August 23, 2019 (ECF 109);

WHEREAS, the new hearing date will further push back the class notice, which depends on the Court resolving the present dispute between the Parties regarding the scope and membership of the Reimbursement Class certified pursuant to Federal Rule of Civil Procedure Rule 23 and Defendants thereafter producing a class list in compliance with the Court's order;

WHEREAS, the Parties agree that the pretrial scheduling order should be amended to account for these unavoidable delays;

WHEREAS, the Parties seek an order from the Court relieving them of the current fact discovery cut-off of September 20, 2019, as that deadline "cannot be reasonably met" despite the Parties' diligence, for the reasons set out in Plaintiffs' motion (see Fed. R. Civ. P. 16, advisory committee's notes (1983 amendment) (quoted in Johnson, 975 F.2d at 609));

WHEREAS, the Parties agree that the following modifications to the Court's scheduling order entered on December 21, 2018 (ECF 103) would be appropriate:

THEREFORE, the Parties jointly stipulate and request that the Court so order.

IT IS SO ORDERED.