STIPULATION AND [PROPOSED] ORDER MODIFYING SCHEDULING ORDER [DKT. NO. 53]

[Fed. R. Civ. P. 16(b); Civil L.R. 6-2 and 7-12]

JON S. TIGAR, District Judge.

STIPULATION

Pursuant to Rules 6-2 and 7-12 of the Local Rules of Practice in Civil Proceedings before the United States District Court for the Northern District of California ("Civil Local Rules") and Rule 16(b)(4) of the Federal Rules of Civil Procedure, Plaintiff 150 Spear Street Associates, L.P. ("Plaintiff") and Defendants VWR International, LLC and Univar USA Inc. (collectively, "Defendants") (Plaintiff and Defendants collectively, the "Parties"), by and through their respective counsel of record, hereby stipulate as follows:

WHEREAS, on September 13, 2017, this Court issued a Scheduling Order setting the following schedule and deadlines (Dkt. No. 37);

WHEREAS, on November 17, 2017, pursuant to a Stipulation and Proposed Order of the Parties (Dkt. No. 52), this Court entered an Order to Modify Scheduling Order as follows (Dkt. No. 53) (the "Operative Scheduling Order"):

WHEREAS, in the course of discovery, Plaintiff has filed multiple motions to compel discovery, and the Parties anticipate that Defendants will file one or more motions to compel discovery;

WHEREAS, the Parties have engaged in extensive meet-and-confers in their efforts to resolve—without judicial intervention—discovery issues relating to the scheduling of party and non-party fact witness depositions;

WHEREAS, given the collective availability of counsel and of the proposed deponents, the Parties anticipate that the time required to complete party and fact witness depositions and to brief and respond to any related motion practice that may arise from those depositions as well as complying with any court orders related thereto exceeds the current fact discovery cut-off of July 16, 2018, such that good cause exists to modify the Operative Scheduling Order;

WHEREAS, this is the second request by the Parties to enlarge time with respect to the Scheduling Order; and

WHEREAS, good cause exists to grant the Parties' stipulated request;

NOW THEREFORE, in view of the above, pursuant to Civil Local Rules 6-2 and 7-12 and Rule 16(b)(4) of the Federal Rules of Civil Procedure, the Parties hereby stipulate and agree to extend all dates and deadlines in the Operative Scheduling Order by 90 days such that the new deadlines for each event are as follows:

IT IS SO STIPULATED.

[PROPOSED] ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.

ATTESTATION PURSUANT TO CIVIL LOCAL RULE 5-1(i)(3)

I, N. Kathleen Strickland, hereby attest that concurrence in the filing of this Stipulation and [Proposed] Order Modifying Scheduling Order has been obtained from each of the other signatories.