STIPULATION AND [PROPOSED] ORDER FOR REFERRAL OF CASE TO PRIVATE MEDIATION UNDER ADR LOCAL RULE 3 AND FOR EXTENSION OF MEDIATION DEADLINE

EDWARD M. CHEN, District Judge.

Whereas the Court previously ordered the parties to participate in Court-sponsored mediation to be completed by August 21, 2014; and

Whereas the parties have agreed to participate in mediation and have reviewed the Court's approved list of mediators (the "Mediators List"); and

Whereas, notwithstanding their mutual review of the Mediators List, the parties were able to only agree upon using one mediator, i.e. Michael Loeb of JAMS; and

Whereas, instead of using the Court-sponsored mediation program, the parties have agreed pursuant to ADR L.R. 3-2 to participate in private mediation using Mr. Loeb as their mediator; and

Whereas the respective schedules of Mr. Loeb, the parties' representatives who are expected to attend the mediation, and the parties' attorneys cannot accommodate a private mediation except on either September 17, 2014 or September 29, 2014.

Based on the foregoing, and subject to the Court's approval and entry of the proposed Order associated with this Stipulation, the parties hereby stipulate as follows:

1. Pursuant to ADR L.R. 3-2, the parties may participate in private mediation in lieu of Court-sponsored mediation;

2. Michael Loeb of JAMS shall be the parties' mediator;

3. The parties shall complete private mediation by September 30, 2014; and

4. In order to effectuate the parties' stipulation to use Mr. Loeb as the mediator, the parties respectfully request that the Court-imposed deadline by which the mediation must be completed be extended through and including September 30, 2014.

IT IS SO STIPULATED

ORDER

The above STIPULATION AND PROPOSED ORDER FOR REFERRAL OF CASE TO PRIVATE MEDIATION UNDER ADR LOCAL RULE 3 AND FOR EXTENSION OF MEDIATION DEADLINE is approved for this case. The parties are to complete Private Mediation by end of September 30, 2014.

IT IS SO ORDERED.