STIPULATION AND [PROPOSED] ORDER TO VACATE TRIAL DATE

EDWARD M. CHEN, District Judge.

WHEREAS, Plaintiff St. Paul Mercury Insurance Company ("St. Paul") has dismissed defendants Arch Specialty Insurance Company, American Safety Indemnity Company, First Specialty Insurance Corporation, Golden Bear Insurance Company, Nautilus Insurance Company, Northern Insurance Company of New York, and Zurich American Insurance Company; and

WHEREAS, Mt. Hawley Insurance Company ("Mt. Hawley") and Lexington Insurance Company ("Lexington") are the only remaining defendants who have appeared in this action who have not been dismissed; and

WHEREAS, St. Paul and Mt. Hawley have executed an agreement to resolve their dispute which will become final once the agreement is funded; and

WHEREAS, St. Paul and Lexington have drafted a proposed settlement agreement and anticipate that a settlement agreement will be finalized and funded and a Stipulation re Dismissal will be filed in the next 45 days;

IT IS HEREBY STIPULATED AND AGREED BY AND BETWEEN Plaintiff St. Paul and Defendants Mt. Hawley and Lexington, by and through their designated counsel, that the current trial date be vacated.

[PROPOSED] ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED. The pretrial filing deadline of 9/22/15 is hereby vacated. The Court will consider vacating the the 10/13/15 pretrial conference and 11/16/15 trial upon receipt of a status report re: settlement progress to be filed by 9/30/15. The status conference is reset for 10/8/15 at 10:30 a.m.