JOINT STIPULATION REQUESTING PARTIAL RELIEF FROM THE CASE MANAGEMENT SCHEDULING ORDER, AND EXTENDING PARTIES' DEADLINE TO COMPLETE SETTLEMENT CONFERENCE

HOWARD R. LLOYD, Magistrate Judge.

STIPULATION

The parties to this action, Plaintiff Areas USA SJC, LLC ("Areas") and Defendants/Counterclaimants Mission San Jose Airport, LLC and Mission Yogurt, Inc. (collectively "Mission"), by and through their counsel of record, hereby stipulate and agree as follows:

WHEREAS the Court's November 29, 2011, Case Management Scheduling Order instructed the parties to arrange a Settlement Conference before Magistrate Judge Grewal in advance of the parties' December 18, 2012, Pretrial Conference in the event that the case had not yet settled;

WHEREAS the parties have continued to discuss the possibility of settlement throughout this litigation, and today are in fact meeting in person for at least the third attempt at reaching a resolution before trial;

WHEREAS the parties have not obtained a date with Magistrate Judge Grewal prior to the December 18, 2012, Pretrial Conference, and Magistrate Judge Grewal has no available dates prior to December 18;

WHEREAS the first date that the parties are able to arrange for a Settlement Conference with Magistrate Judge Grewal is January 2, 2013, and the parties have in fact secured that date with Magistrate Judge Grewal's chambers;

THEREFORE, the parties hereby stipulate to this request for partial relief from the Court's Case Management Scheduling Order, and for an extension of the Court's deadline for a mandatory Settlement Conference to January 2, 2013.

The parties jointly apologize to the Court for their oversight.

IT IS SO STIPULATED.

ATTESTATION CLAUSE

I, Denise M. Mayo, am the ECF User whose ID and password are being used to file this JOINT STIPULATION REQUESTING PARTIAL RELIEF FROM THE CASE MANAGEMENT SCHEDULING ORDER, AND EXTENDING PARTIES' DEADLINE TO COMPLETE SETTLEMENT CONFERENCE. In compliance with General Order 45, X.B., I hereby attest that Daniel T. Rockey has concurred in this filing.

ORDER

Based upon the foregoing, and good cause appearing therefor, IT IS HEREBY ORDERED as follows:

The last day for Plaintiff Areas USA SJC, LLC and Defendants/Counterclaimants Mission San Jose Airport, LLC and Mission Yogurt, Inc. to participate in a Settlement Conference, with Magistrate Judge Grewal presiding, shall be extended to January 2, 2013.