JOINT STIPULATION AND ORDER TO MODIFY MEDIATION DEADLINE

JON S. TIGAR, District Judge.

Plaintiff Abu Maisa, Inc. ("Plaintiff") and Defendants Google Inc., Intuit Inc., PayPal, Inc., Square, Inc., and Stripe, Inc. ("Defendants") hereby enter the following Joint Stipulation and [Proposed] Order to modify deadlines currently established by this Court's Orders in the above-captioned proceeding:

WHEREAS, on March 16, 2016, the parties submitted, and this Court approved, a Stipulation and Proposed Order requiring the parties to participate in mediation under this Court's ADR Local Rules on or before September 16, 2016 (Dkt. Nos. 32; 36);

WHEREAS, this action is related to White v. Square, No. 3:15-cv-04539-JST ("White v. Square"), currently before this Court;

WHEREAS, on August 25, 2016, the parties submitted a Stipulation and Proposed Order extending the deadlines to conduct (1) a private mediation, and (2) the Initial Case Management Conference, to 60 days and 75 days, respectively, after a ruling on the pending Motion to Dismiss the Second Amended Complaint in White v. Square (Dkt. No. 50);

WHEREAS, on August 29, 2016, the Court granted the parties' Stipulation and Proposed Order;

WHEREAS, on September 14, 2016, the Court granted Defendant's Motion to Dismiss Second Amended Complaint, with prejudice, in White v. Square;

WHEREAS, the parties' deadline to conduct a private mediation is currently November 14, 2016;

WHEREAS, a motion to dismiss is currently pending in this action (Dkt. No. 53) that seeks to dismiss Plaintiff's claims against defendants for the same reasons the Court granted defendant Square, Inc.'s motion to dismiss in the White v. Square action. In particular, Defendants argue that Plaintiff lacks statutory standing to bring claims under the California Unruh Civil Rights Act because it never sought to sign up for the Defendants' services;

WHEREAS, a motion for a new trial is currently pending in White v. Square (White v. Square, Dkt. No. 61);

WHEREAS, the parties agree that the outcome of this Court's decision on Defendants' Motion to Dismiss the First Amended Complaint may substantially influence, and potentially moot, the need for mediation in this case;

WHEREAS, this Court has moved the deadline to conduct mediation on one prior occasion (Dkt. No. 51), and has moved the Case Management Conference on two prior occasions (Dkt. No. 48 and Dkt. No. 51) for purposes of judicial efficiency because this action raises substantially the same standing issue that has been the subject of Square's motions to dismiss in White v. Square;

WHEREAS, the parties filed an initial Joint Case Management Statement on April 6, 2016 (Dkt. No. 43), and the case has not advanced substantively since that date due to developments in White v. Square;

WHEREAS, due to the unresolved state of the pleadings and to preserve the parties' and the Court's time and resources, the parties agree that the current schedule should be extended;

NOW THEREFORE, pursuant to Northern District of California Civil Local Rules 6-1 and 6-2, Defendants and Plaintiff Abu Maisa, Inc., by and through their counsel of record, hereby stipulate, subject to the Court's approval, as follows:

STIPULATION

1. The deadline to conduct a private mediation by an agreed-upon mediator shall be moved from November 14, 2016, to February 27, 2017.

PURSUANT TO STIPULATION, IT IS SO ORDERED.