JOINT STIPULATION TO: (1) EXTEND TIME IN WHICH TO FILE RESPONSIVE PLEADING, (2) EXTEND BRIEFING SCHEDULE ON MOTION TO DISMISS, AND (3) TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER

ELIZABETH D. LAPORTE, Magistrate Judge.

Pursuant to Fed. R. Civ. P. 6(b)(1) and Civil L.R. 6-1, 6-2, and 7-12, the parties to the above-entitled action, by and through their undersigned counsel, hereby stipulate and agree as follows:

WHEREAS, on February 21, 2017, Plaintiffs filed their Complaint for Violation of Federal Securities Laws, Intentional Misrepresentation, and Negligent Misrepresentation (the "Complaint") (Dkt. 1);

WHEREAS, on February 21, 2017, the Court issued its Initial Case Management Scheduling Order with ADR Deadlines, setting an initial Case Management Conference ("CMC") for May 23, 2017;

WHEREAS, on March 15, 2017, the Court entered its order relating the case entitled Rising Tide I, LLC, et al. v. Michael Fitzsimmons, et al, filed in this Court and bearing Case Number 4:17-cv-1232 KAW (the "Related Case") to this case (Dkt. 11);

WHEREAS, all Defendants in this action are also named defendants in the Related Case, (Related Case Dkt. 1);

WHEREAS, counsel for Defendants represents all Defendants in this case;

WHEREAS, Defendants have been served with the summons and Complaint;

WHEREAS, the parties have met and conferred in good faith, and have agreed to stipulate under Civil L.R. 6-1(a) and (b) to a filing and briefing schedule for Defendants' response to the Complaint as set forth below;

WHEREAS, because of the complexity of the issues raised in this case and the Related Case, and the right of each individual Defendant in this case and the Related Case to litigate his or her individual defenses to the claims asserted in this case and the Related Case, counsel for Defendants—while cognizant of the overlapping factual and legal issues—anticipates submitting multiple responsive pleadings to address individual issues and defenses in both this case and the Related Case (Declaration of Giovanna Ferrari ("Ferrari Decl.") ¶ 3, filed concurrently herewith);

WHEREAS, extending the deadline for filing a response to the Complaint and for any subsequent briefing necessitated by Defendants' response to the Complaint will allow for a more complete and orderly presentation of the individual and overlapping complex legal and factual issues the Court will need to resolve, and the schedule proposed aligns the schedule proposed for this action with the schedule proposed in the Related Case, (Id. ¶ 4);

WHEREAS, the parties, in the interest of judicial economy and efficiency, wish to avoid the unnecessary expenditure of judicial resources and costs associated with the parties' appearance at the currently scheduled Initial CMC, before the parties have had an opportunity meaningfully to evaluate and address any issues raised by Defendants' response to the Complaint (Id. ¶ 5); and

WHEREAS, neither party has previously sought any time modification in the case, whether by stipulation or Court order, and, other than the parties' request that the Court continue the currently scheduled Initial CMC, the requested time modifications will have no effect on the schedule for the case (Id. ¶ 6);

NOW THEREFOR, the parties hereby stipulate and agree that:

The Parties FURTHER STIPULATE AND AGREE and respectfully request that the Court continue the currently scheduled Initial CMC to July 25, 2017, to coincide with the hearing on any responsive motion(s) filed by Defendants, or the first date that is convenient for the Court thereafter.

IT IS SO STIPULATED.

Filer's attestation: Pursuant to Civil L.R. 5-1(i)(3) regarding signatures, Aaron Belzer hereby attests that concurrence in the filing of this document has been obtained from each of the other signatories.

[PROPOSED] ORDER

Having reviewed the Stipulation of the parties and their attorneys of record, and good cause appearing therefor:

IT IS HEREBY ORDERED that, pursuant to the parties' stipulation:

IT IS SO ORDERED.