JOINT CASE MANAGEMENT CONFERENCE STATEMENT AND STIPULATION TO CONTINUE APRIL 2, 2014 CASE MANAGEMENT CONFERENCE TO JUNE 4, 2014; PROPOSED ORDER THEREON

CLAUDIA A. WILKEN, District Judge.

WHEREAS, the parties reached a settlement in principal of this matter following mediation with Judge Warren (Ret.) on November 5, 2013;

WHEREAS, the parties are still working to reduce the settlement to a written agreement but have encountered difficulty over the past several months agreeing on the scope and precise terms of the written agreement;

WHEREAS, in late February 2014, the parties agreed to re-engage the mediator, Judge Warren (Ret.), for assistance and guidance in finalization of the written settlement agreement;

WHEREAS, the parties thereafter held a further telephonic session with Judge Warren (Ret.) to work out details of the written settlement agreement and related documentation of the settlement;

WHEREAS, following Judge Warren's further involvement, the FDIC-R recently circulated a further revised settlement draft and related documentation of the agreement for consideration;

WHEREAS, the parties are still working through the drafting issues and Judge Warren (Ret.) has stated he is available for additional consultation and oversight of this process;

WHEREAS the Court previously vacated all pending case dates, including the trial date, in this matter and set a Case Management Conference ("CMC") for April 2, 2014; at 2:00 P.M., at which time the parties were to report on finalization of the settlement and release agreement;

WHEREAS the parties believe that a further two month extension of the CMC will facilitate finalization of the settlement and allow them to work through the remaining drafting issues with oversight by Judge Warren (Ret.) on an as needed basis, and allow all parties and the Court to avoid unnecessary expenses and prevent wasting of judicial resources.

IT IS HEREBY STIPULATED by and between the parties through their designated counsel that the April 2, 2014 CMC be continued to June 4, 2014 at 2:00 P.M. or as soon thereafter as is convenient for the Court.

[PROPOSED] ORDER

Pursuant to Stipulation, it is ordered that the April 2, 2014 CMC in the above captioned matter be continued to June 4, 2014 at 2:00 P.M.