STIPULATION AND [PROPOSED] ORDER CONTINUING DATE OF HEARING ON DISPOSITIVE MOTIONS/BENCH TRIAL

BETH LABSON-FREEMAN, District Judge.

WHEREAS, the Court set a Hearing on Dispositive Motions/Bench Trial in this matter for February 12, 2016, at 9:00 a.m. (see Docket No. 23 at 1);

WHEREAS, Plaintiff has filed a dispositive motion for summary judgment pursuant to Fed. R. Civ. P. 56 (Docket No. 25), and Defendant has filed a dispositive motion for judgment pursuant to Fed. R. Civ. P. 52 (Docket No. 28), both noticed for February 12, 2016;

WHEREAS, a scheduling conflict has arisen for February 12, 2016, for counsel for Defendant;

WHEREAS, counsel for Plaintiff does not object to a short continuance of the hearing date on the cross-motions;

WHEREAS, the parties anticipate that the dispositive cross-motions can be resolved on the papers and oral argument without the necessity of testimony or other activity differentiating this hearing from any other dispositive motion hearing;

NOW, THEREFORE, the Parties request that the Court continue the hearing on their motions to the Court's next available date.

SO STIPULATED.

ATTESTATION

Pursuant to Civil Local Rule 5-1(i)(3), I attest that concurrence in the filing of this document has been obtained from each of the other signatories.

[PROPOSED] ORDER

Pursuant to stipulation, and good cause appearing, the hearing on Plaintiff's Motion for Summary Judgment and on Defendant's Motion for Judgment Pursuant to Fed. R. Civ. P. 52 is continued to February 18, 2016 at 2:00 p.m.