STIPULATION AND ORDER SETTING FURTHER BRIEFING SCHEDULE FOR THE OPPOSITION AND REPLY AS TO DEFENDANTS' MOTION TO DISMISS FIRST AMENDED COMPLAINT AND TO CONTINUE HEARING DATE

[Civil L.R. 7-11 and 7-12]

NATHANAEL M. COUSINS, Magistrate Judge.

Plaintiffs, GradeTech, Inc. and Sam Rivinius ("plaintiffs"), and defendants, the City of San Jose, Jim Ortbal, David French, Chris Mastrodicasa, Matthew Cano, and Matthew Loesch (collectively "defendants"), by and through their respective counsel of record, hereby stipulate as follows:

WHEREAS, on December 20, 2019, plaintiffs filed their First Amended Complaint for Damages and Petition for Writ of Mandamus, or in the Alternative, for Writ of Administrative Mandamus;

WHEREAS, on Tuesday, December 24, 2019, defendants filed a Motion to Dismiss First Amended Complaint ("the Motion");

WHEREAS, on January 3, 2020, the Court granted a Stipulation between the parties continuing plaintiffs' deadline to file their opposition to the Motion to January 21, 2020, defendants deadline to file a reply to February 4, 2020, and continuing the hearing date to February 26, 2020;

WHEREAS, counsel for plaintiffs is scheduled to begin a trial in Alameda County on January 27, 2020, and has various pretrial filings due and pretrial appearance scheduled before that date;

WHEREAS, counsel for the parties have met and conferred regarding the briefing schedule for the Motion, and defendants will not oppose a further extension in the briefing schedule;

WHEREAS, the proposed briefing schedule will require the hearing on the Motion — currently set for Wednesday, February 26, 2020 — to be continued to a later date;

WHEREAS, the parties agree that defendants need not provide initial disclosures, and that the parties will not engage in discovery, before the Court issues its Order on the Motion;

WHEREAS, the parties agree that once an Order on the Motion is issued, they will discuss discovery and the discovery schedule;

NOW THEREFORE, the parties hereby stipulate, and plaintiffs request that the Court order, as follows:

Plaintiffs shall have until Tuesday, February 25, 2020, to file their opposition to the Motion;

Defendants shall have until Tuesday, March 17, 2020, to file their reply in support of the Motion;

The opposition and reply shall comply with the page limits set forth in Northern District Local Rule 7-4(b); and

The parties are available for the hearing on the Motion to be continued to any Wednesday in the month of April 2020 at 1:00 p.m.

IT IS SO STIPULATED.

ATTESTATION

Pursuant to Civil Local Rule 5-1(i)(3), I hereby attest that all signatories listed, and on whose behalf the filing is submitted, concur in the filing's content and have authorized the filing.

ORDER

Pursuant to the parties' stipulation above, IT IS HEREBY ORDERED THAT:

1. Plaintiffs' Opposition to the Motion to Dismiss First Amended Complaint is now due by Tuesday, February 25, 2020.

2. Defendants' Reply in support of their Motion to Dismiss First Amended Complaint will be due by Tuesday, March 17, 2020.

3. The hearing on Defendants' Motion to Dismiss First Amended Complaint is hereby continued from Wednesday, February 26, 2020, to Wednesday, April 8, 2020, at 1:00 p.m.

4. Discovery is hereby stayed, and Defendants need not serve Plaintiffs with initial disclosures under Federal Rule of Civil Procedure 26(a), until the Court issues a ruling on Defendants' motion to dismiss the first amended complaint.

IT IS SO ORDERED.