JOINT STIPULATION TO CONTINUE CASE MANAGEMENT DEADLINES AND ORDER

HAYWOOD S. GILLIAM, JR., District Judge.

Based on progress made at a mediation in this matter on August 20, 2018, Defendants The Gap, Inc.; Gap (Apparel) LLC; Gap International Sales, Inc.; Banana Republic, LLC; and Banana Republic (Apparel) LLC ("Defendants" or "Gap") and Plaintiff Laurie Munning and Plaintiff Michael Pallagrosi ("Plaintiffs"), by and through their respective counsel of record, hereby stipulate to continue the case management deadlines currently set in this case, by thirty (30) days, subject to Court approval. The parties seek a brief extension of the case management deadlines in light of the need to continue discussions following the mediation in Pallagrosi, two pending decisions in outstanding motions in Pallagrosi and Coladonato, et al. v. The Gap, Inc., et al., Case No. 1:17-cv-11998-JHR-KMW (D.N.J.), and the recent filing of another case in California state court.

1. On January 11, 2018, this Court entered an order setting the deadline for mediation on or before July 11, 2018. See Pallagrosi Dkt. 19.

2. On February 1, 2018, this Court entered a scheduling order in the related Munning, et al. v. The Gap, Inc., et al., Case No. 4:16-cv-003804-HSG, setting the deadlines for fact discovery, expert disclosures, class certification motions and hearings, and dispositive motions. See Munning Dkt. 91. On June 14, 2018, the Court entered a Revised Scheduling Order. See Munning Dkt. 96.

3. The parties have been conducting fact discovery, including exchanging written discovery and producing documents. The parties have produced a voluminous number of documents and data, which is requiring significant time to process and analyze.

4. On March 8, 2018, this Court took Defendants' motion to dismiss Plaintiff's complaint in Pallagrosi under submission, and the motion remains pending.

5. The Coladonoto case, involving allegations of false advertising relating to in-store purchases at Gap and Banana Republic outlet stores was filed in the New Jersey Superior Court Law Division (Camden County) on October 9, 2017 by the same counsel as in Munning and Pallagrosi. Defendants removed the case to the United States District Court in the District of New Jersey. Plaintiff Coladonato filed a motion for remand to state court on December 7, 2017. Plaintiff Coladonato's motion for remand remains pending. If Plaintiffs' motion is denied, Defendants intend to seek to transfer it to the Northern District of California.

6. On or around May 3, 2018, Plaintiffs' counsel, on behalf of Carmen Andrews, a consumer in California, filed a new action against Defendants involving allegations of false advertising relating to in-store purchases at Gap and Banana Republic outlet stores located in California. Andrews v. The Gap, Inc., et al, Case No. CGC-18-567237, Superior Court of the State of California, County of San Francisco.

7. On August 20, 2018, the parties participated in a mediation with the Hon. Jay Gandhi (Ret.) involving all four related matters. During the mediation, the parties made substantial progress with respect to a proposed agreement that would resolve all four matters on a class wide basis. The parties are continuing to work together directly and through Judge Gandhi (Ret.) to resolve the remaining differences and believe that their request for a brief amount of additional time will increase their ability to succeed on those efforts. The parties have made progress with respect to discovery and will continue to do so while they negotiate but it is their hope to avoid some of the costs and burdens of completing all discovery while they continue to negotiate.

8. Accordingly, the parties propose a brief extension of approximately four weeks of the case management schedule as follows:

SO STIPULATED.

ATTESTATION

I, Joseph Duffy, am the registered ECF user whose username and password are being used to file this Joint Stipulation. In compliance with LR 5-1(i)(3), I hereby attest that the above-identified counsel concurred in this filing.

PURSUANT TO STIPULATION, AND FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.