STIPULATION AND [PROPOSED] ORDER CONTINUING CERTIFICATION BRIEFING AND HEARING DATES

SAMUEL CONTI, District Judge.

WHEREAS, the parties to this Action, Plaintiff Diana Parker, on behalf of herself, all others similarly situated, and the general public, and Defendant J.M. Smucker Co. (collectively, the "Parties"), have engaged in discovery and in extensive meet-and-confers related to that discovery, including negotiations on protocols relating to the production of and search for targeted electronically stored information and the scope and timing of a deposition of Defendant pursuant to Federal Rule of Civil Procedure 30(b)(6), and the Parties agree that this discovery is necessary to adequately brief Plaintiff's anticipated Motion to Certify a Class in this action (the "Motion");

WHEREAS, the Court issued a Minute Order dated November 22, 2013, adopting the briefing and hearing schedule proposed by the Parties in their Joint Case Management Statement, under which Plaintiff's Motion would be due by 03/28/2014, Defendant's response would be due 05/23/2014, Plaintiff's reply would be due 06/20/2014, and the Motion would be heard on Friday, 07/11/2014, at 10 AM (Docket No. 35);

WHEREAS, Defendant is continuing to produce documents in response to Plaintiff's discovery requests, which may be used in briefing on the Motion and in connection with the upcoming deposition discussed below;

WHEREAS, the Parties are continuing to negotiate and attempting to schedule deposition(s) pursuant to Federal Rule of Civil Procedure 30(b)(6), which the Parties currently anticipate conducting in late April given the witnesses' availabilities;

WHEREAS, the Parties previously stipulated to enlarge Defendant's time to respond to the Complaint in this action (Docket Nos. 5, 7), to enlarge Defendant's time to respond to the Amended Complaint (Docket No. 16), to continue the case management conference and set a briefing schedule for Defendant's motion to dismiss that Amended Complaint (Docket Nos. 18-19), and to extend Defendant's time to answer the Amended Complaint following the Court's denial of the motion to dismiss (Docket No. 30); and

WHEREAS, the Parties agree that the schedule previously proposed by the Parties and adopted by the Court for briefing and hearing Plaintiff's Motion should be continued as described below to allow the foregoing discovery to proceed in advance of that briefing; IT IS HEREBY STIPULATED, subject to the approval of the Court, that:

1. Plaintiff's Motion to Certify a Class should be due on or before May 30, 2014

2. Defendant's Opposition to that Motion should be due on or before July 25, 2014.

3. Plaintiff's Reply in Support of that Motion should be due on or before August 22, 2014.

4. The Hearing on Plaintiff's Motion should be set for September 12, 2014, or such other date as the Court may deem appropriate and convenient.

[PROPOSED] ORDER

Having reviewed the above Stipulation to Continue the briefing and hearing schedule on Plaitniff's Motion to Certify a Class in this action, and good cause appearing therefore, the Stipulation is GRANTED, and the schedule proposed by the Parties above is adopted by the Court. so modified by this Court. The hearing on Plaintiff's motion shall be scheduled for 09/19/2014.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

IT IS SO ORDERED AS MODIFIED.