STIPULATION AND ORDER TO CONTINUE HEARING DATE AND SET BRIEFING SCHEDULE

HAYWOOD S. GILLIAM, Jr., District Judge.

Pursuant to Local Rule 7-11, the Parties hereby stipulate and request as follows:

WHEREAS, at the Parties' initial Case Management Conference, the Court set a hearing date for the Parties' cross-motions for summary judgment for December 22, 2016, at 2:00 p.m.;

WHEREAS, the Parties subsequently stipulated to a briefing schedule by which summary judgment motions would be filed by November 21, 2016, and oppositions would be filed by December 8, 2016;

WHEREAS on October 3, 2016, the Court signed an Order approving the Parties' stipulation to engage in mediation;

WHEREAS the Court's ADR office assigned Hon. James Lambden (Ret.) as mediator in this action on November 16, 2016;

WHEREAS the Parties held a phone conference with Judge Lambden on November 18, 2016 and chose December 16, 2016, as a mediation date; and

WHEREAS the Parties' agree that mediation would be most successful without immediate pending briefing or an immediate pending hearing on the Parties' cross-motions for summary judgment:

THE PARTIES HEREBY STIPULATE AND REQUEST that the hearing date for the Parties' cross-motions for summary judgment be continued to February 23, 2017, at 2:00 p.m., that the deadline for filing opening cross-motions be set for January 23, 2017, and that the deadline for filing oppositions be set for February 9, 2017. As previously agreed, neither party shall be allowed the opportunity to file a reply.

IT IS SO ORDERED.