STIPULATION AND ORDER TO CONTINUE CMC AND TO ESTABLISH FEES FILING DEADLINE

SAMUEL CONTI, District Judge.

Pursuant to Local Rule 16-10(c), Plaintiff IBIZ, LLC ("Plaintiff" or "IBIZ") and Defendant the City of Hayward ("Defendant" or the "City") hereby submit this Stipulation and [Proposed] Order to continue the Case Management Conference presently set in this Court for February 7, 2014 at 10 a.m. to April 11, 2014, at 10 a.m., and to establish a deadline of 30 days following the conclusion of any ADR proceeding(s) in this case for the filing of any attorneys fees motions.

As set forth in paragraph 16 of the Joint Case Management Statement (Doc. 55) filed on January 31, 2014, "Whether an attorneys fees motion need be filed will not be determined until after the conclusion of the ADR [proceedings]. Consequently, the parties propose that the filing of any attorneys fees motion be scheduled to occur no later than 30 days after the conclusion of any ADR [proceedings]."

Since the merits of this case are now moot, and since the parties are in agreement as to how to proceed regarding attorneys fees, there would no longer seem to be a purpose for holding the presently scheduled Case Management Conference, at least prior to the time (following any ADR proceedings) that the parties conclude that it may become necessary to file attorneys fees motions in order to resolve the outstanding attorneys fees issues. For this reason, the parties mutually agree that holding the currently scheduled Case Management Conference at this stage would be premature and request that the Court: (1) reschedule the Case Management Conference to April 11, 2014; (2) order that any fees motions be filed within 30 days after the conclusion of any ADR proceedings addressing the issue of attorneys' fees; and (3) further order that, any party seeking attorneys fees shall file, within 5 days of the conclusion of such ADR proceedings, a Supplemental Status Report, notifying the court of the conclusion of such proceedings.

ORDER

(1) The Case Management Conference presently set for February 7, 2014 in this case is continued to April 11, 2014 at 10:00 a.m.;

(2) Any fees motions shall be filed within 30 days following the conclusion of any ADR proceedings; and

(3) Any party seeking attorneys fees shall file, within 5 days of the conclusion of such ADR proceedings, a Supplemental Status Report, notifying the court of the conclusion of such proceedings.