STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE INITIAL CASE MANAGEMENT CONFERENCE HEARING PENDING PRIVATE MEDIATION

THELTON E. HENDERSON, District Judge.

The parties to this litigation, by and through their respective attorneys of record, hereby submit this stipulation and [proposed] order to continue the Initial Case Management Conference currently scheduled to be held on August 26, 2013, at 1:30 p.m., to a date to be scheduled at the Court's convenience no earlier than December 2, 2013 for the reasons set forth below.

WHEREAS, the Initial Case Management Conference in this action currently is scheduled for August 26, 2013, at 1:30 p.m.;

WHEREAS, the parties have agreed to pursue settlement discussions through private mediation, which is anticipated to be held in October 2013. The parties intend to engage in an informal exchange of confidential documents and data prior to mediation for purposes of facilitating settlement negotiations;

WHEREAS, the parties wish to exhaust attempts to mediate the case before addressing fact and expert discovery cut offs and a trial date and, as such, wish to postpone the initial Case Management Conference until after the mediation session.

Accordingly, the parties to this matter, by and through their respective attorneys of record, hereby stipulate to and jointly request that the Court continue for ninety (90) days, the Initial Case Management Conference be continued to December 2, 2013, at 1:30 p.m. or such other date as is convenient for the Court.

SO STIPULATED.

[Proposed] Order

Good cause appearing, the initial Case Management conference scheduled for August 26, 2013 shall be continued to December 2, 2013, at 1:30 p.m. The Initial Case Management Conference Statement shall be filed on or before November 25, 2013.

PURSUANT TO STIPULATION, IT IS SO ORDERED.