STIPULATION CONTINUING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT

RICHARD SEEBORG, District Judge.

This Stipulation (the "Stipulation") is made and entered into by Deoleo USA, Inc., by and through its undersigned counsel of record, and by Scott Koller, by and through his undersigned counsel of record.

This Stipulation is made with reference to the following facts:

1. On September 19, 2017, Plaintiff filed a motion for partial summary judgment.

2. On October 3, 2017, Defendant filed its opposition.

3. Plaintiff's reply brief in support of his motion for partial summary judgment is due on October 10, 2017.

4. The hearing on the motion is currently scheduled for October 26, 2017.

5. The parties have agreed to mediate their dispute, and have scheduled mediation before Judge Infante for November 6, 2017.

6. The parties have agreed to continue Plaintiff's motion for partial summary judgment pending the mediation.

The parties, through their respective counsel of record, stipulate and agree as follows:

7. Plaintiff's motion for partial summary judgment is continued.

8. If mediation is unsuccessful, Plaintiff will file his reply brief on November 16, 2016, and the hearing will take place on December 7, 2017.

9. In accordance with its statements in the Joint Case Management Statement, filed on October 5, 2017 (Dkt. No. 124), Deoleo preserves its right to seek a further continuance of this hearing date depending on the schedule set for class notice.

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

PROPOSED ORDER

Pursuant to Civil Local Rule 6-2(a), and GOOD CAUSE APPEARING THEREFOR, it is therefore ORDERED that:

Plaintiff shall file his reply in support of partial summary judgment by November 16, 2017, and the hearing shall be continued until December 7, 2017 at 1:30 pm.

IT IS SO ORDERED.