AMENDED

STIPULATION AND ORDER TO MODIFY CASE SCHEDULE

RICHARD SEEBORG, District Judge.

Plaintiffs Pravin Jain, Randy Holthaus, Dilip Kukreja, Mark Warner, and Douglas Tanner (collectively "Plaintiffs") and Defendant Wipro, Inc. ("Wipro") agree as follows:

The parties have been working diligently to complete discovery before the current February 28, 2011 deadline for non-expert discovery set forth in the modified Case Management Scheduling Order entered on December 14, 2010 ("Scheduling Order") (Docket No. 51). This discovery included depositions of key witnesses located in India. During the first two weeks of February, 2011, the parties traveled to and conducted nine depositions in India, including Wipro's corporate representatives, a plaintiff, and non-party witnesses who live in India.

During these depositions, the parties discovered additional discovery that needed to be completed, including the exchange of additional electronically stored information ("ESI") maintained in India on back-up drives or tapes by Plaintiffs and Defendant, and depositions of additional witnesses. The parties are retrieving this ESI and processing it for production. The exchange of this additional ESI will complete the parties' production of the large volume of ESI that has already been exchanged through the parties' initial disclosures and written discovery. The parties have also been working to schedule the depositions of the additional witnesses.

The parties have also not received the transcripts for the witnesses whose depositions were completed in India. These deposition transcripts are of key witnesses, and will be used in moving and/or opposing the parties' respective motions for summary judgment/adjudication. Under the current Scheduling Order, the parties would not have the transcripts to use in support of their respective motions, since dispositive motions would be filed on March 3, 2011.

To allow the parties to produce the additional ESI, accommodate the witnesses' schedules, obtain the transcripts of the witnesses whose depositions were taken in India, and leave sufficient time for trial preparation, the parties agreed to a short continuance of all pre-trial and trial dates. The parties further agree this will be the final modification of the scheduling order.

Consequently, IT IS HEREBY STIPULATED between Plaintiffs and Wipro, through their respective counsel of record, and pursuant to Civil Local Rule 6-2, that, to the extent allowed by the Court's calendar, the dates set forth in the Scheduling Order be modified as follows:

IT IS SO STIPULATED.

I, Michael J. Ioannou, am the ECF user whose identification and password are being used to file this stipulation. In compliance with General Order 45.X.B, I hereby attest that the other signatory has concurred in this filing.

ORDER

Pursuant to stipulation, IT IS HEREBY ORDERED, that the dates set forth in the modified Case Management Scheduling Order, entered on December 14, 2010 ("Scheduling Order") (Docket No. 51) be modified as follows: