STIPULATED REQUEST AND [PROPOSED] ORDER FOR BRIEFING SCHEDULE ON DEFENDANTS' MOTION TO DISMISS

JEFFREY S. WHITE, District Judge.

On October 12, 2015, Plaintiff served a 111-paragraph class-action Complaint against Sante Fe Natural Tobacco Company, Inc. and Reynolds American, Inc. ("Defendants"), alleging five causes of action challenging Defendants' use of terms "100% additive-free," "natural" and/or "organic" in the marketing of American Spirits cigarettes. Plaintiff seeks to represent a class of all persons in the State of California who purchased American Spirits.

On December 14, 2015, Defendants moved to dismiss the Complaint in its entirety on the grounds (among others) that it fails to state a claim upon which relief may be granted and each cause of action is preempted by federal law. Under the local rules, Plaintiff's opposition is due fourteen days later on December 28, 2015, and Defendants' reply is due seven days after Plaintiff's opposition on January 4, 2016.

In light of the holidays and the issues to be briefed, including federal preemption, the parties agree that Plaintiff be allowed an additional fourteen days to file his opposition and Defendants be allowed an additional seven days to file their reply.

NOW THEREFORE the parties hereby agree, stipulate, and request that the Court enter the following briefing schedule:

Plaintiff's opposition is due January 13, 2016; and

Defendants' reply in support of their motion to dismiss is due by January 27, 2016.

IT IS SO STIPULATED.

IT IS SO ORDERED.

Pursuant to L.R. 5-1(i), I attest that the concurrence in the filing of this document has been obtained from Benjamin M. Lopatin which shall serve in lieu of his signature.