CLASS ACTION

STIPULATION TO CONTINUE FURTHER CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER

LAUREL BEELER, Magistrate Judge.

Pursuant to the Court's July 12, 2012 Civil Minute Order (Dkt. #32), Plaintiff Stephen J. Rush ("Plaintiff") and defendants Nutrex Research, Inc. ("Nutrex") and Jens O. Ingenohl (collectively "Defendants") (hereinafter collectively referred to as the "Parties") hereby submit the following Stipulation to Continue Further Case Management Conference.

1. WHEREAS, on or about October 19, 2012, Defendants served Plaintiff with discovery, including Interrogatories and Requests for Production of Documents;

2. WHEREAS, on or about October 22, 2012, Plaintiff served Defendants with discovery, including Interrogatories and Requests for Production of Documents;

3. WHEREAS, both Parties' discovery responses were originally due on November 26, 2012; however, the Parties' have provided each other with mutual two-week extensions to serve their respective discovery responses, up to and including December 3, 2012;

4. WHEREAS, on or about November 16, 2012, the Parties agreed to mediation before Retired Judge Jerry Spolter of JAMS with the mutual belief and anticipation that mediation will hopefully result in a settlement and resolution of this Action. The mediation is scheduled to take place on January 14, 2013; workable for the Parties is in January 2013;

6. WHEREAS, the Parties seek to continue the Further Case Management Conference in order to allow the Parties to fully exhaust private settlement procedures before the Further Case Management Conference and eliminate the need for the conference altogether, if the parties reach a settlement of the case;

7. WHEREAS, good cause exists to continue the Further Case Management Conference in the interest of judicial economy and in order to minimize costs and legal fees while providing the Parties with adequate time to complete certain discovery and mediation;

8. WHEREAS, no prior requests to continue the deadline for the Further Case Management Conference have been made;

9. WHEREAS, no other court-imposed dates will be affected by the continuance other than the date for filing a Joint Further Case Management Conference Statement;

NOW, THEREFORE, the Parties, through their respective counsel of record, hereby stipulate as follows:

IT IS SO STIPULATED.

After consideration of the Stipulation submitted by the parties in the above-entitled action to continue the Further Case Management Conference currently scheduled for November 29, 2012, at 10:30 a.m., and good cause appearing therefor, the Court orders as follows:

1. The Further Case Management Conference shall be continued until January 31, 2013 at 10:30 a.m.; and

2. A Joint Further Case Management Conference Statement shall be due on January 28, 2013. January 24, 2013.

IT IS SO ORDERED.