STIPULATION AND [PROPOSED] ORDER TO CONTINUE AS HOLDING DATES ONLY HEARINGS ON CASE MANAGEMENT CONFERENCE AND ATTACHMENT MOTION, IN LIGHT OF SETTLEMENT OF ACTION REACHED AT MEDIATION

NATHANAEL M. COUSINS, District Judge.

Plaintiff AC 6, LLC ("Plaintiff") and Defendants HARBOR MARINA PARTNERS, LLC, BRIAN J. CEREGHINO, BRIAN J. CEREGHINO AND ELIZABETH A. CEREGHINO LIVING TRUST DATED AUGUST 20, 2002, EDWARD J. DURKIN, MARIA MIRENBURG, and PATRICK M. CRASE (together, "Defendants" and with Plaintiff, the "Parties") by and through their undersigned counsel, and by any Defendant who currently may be appearing in pro per, hereby stipulate and agree as follows:

STIPULATION

Based on the above Recitals, which are incorporated herein by this reference as if set forth in full, the Parties have agreed as follows:

IT IS SO STIPULATED AND AGREED.

DECLARATION OF BRIAN YERETZIAN

I, Brian Yeretzian, declare as follows:

1. I am an attorney duly licensed to practice law before all of the courts of the State of California and the United States District Courts for the Northern, Central, and Southern Districts of California. I am counsel for Plaintiff in the AC 6, LLC v. Harbor Marina Partners, LLC et al. proceeding, Civil Case No.: 3:14-cv-00683-NC. I have personal knowledge in the matters set forth herein and if called and sworn as a witness I could and would testify competently thereto. I make this declaration in compliance with Civil L.R. 6-2(a)(1)-(3).

2. Plaintiff filed its complaint for breach of contract, breach of guaranty, and common counts (hereinafter referred to as the "Complaint") against Defendants on February 13, 2014. See Court Docket Item No. 1.

3. On March 25, 2014, Plaintiff filed an Application for Right to Attach Order and for Issuance of Writs of Attachment (hereinafter referred to as the "Attachment Motion"). See Court Docket Item No. 25.

4. In order to mediate the dispute, the Parties filed a Stipulation to: (1) Mediate Dispute; (2) Set Date for All Defendants to Respond to Complaint; (3) Agree to Service of Application for Right to Attach Order and Issuance of Writs of Attachment on Brian J. Cereghino and The Brian J. and Elizabeth A. Cereghino Living Trust; (4) Continue All Dates and Deadlines in the Initial Case Management Scheduling Order; and (5) Continue Hearing Date on Case Management Conference and Attachment Motion on March 26, 2014 (hereinafter referred to as the "First Global Stipulation." See Court Docket Item No. 26.

5. The Court entered an Order Granting the First Global Stipulation and reset the deadlines originally issued by the Court on April 7, 2014. See Court Docket Item No. 27. A true and correct copy of the Order Granting the First Global Stipulation is attached hereto as Exhibit "1" and is incorporated herein by this reference as if set forth in full.

6. The Parties engaged in a successful mediation proceeding on April 25, 2014 at which time the matter was successfully settled by way of a signed settlement agreement. Plaintiff and Defendants are currently in the process of further documenting the settlement that was reached on April 25, 2014 in a fomal, detailed settlement agreement. Once the settlement is fully documented and executed, the Parties anticipate that this dispute will be dismissed with prejudice. For this reason, Plaintiff and Defendants desire that the deadlines relating to: (1) filing and service of an answer to the Complaint by the Defendants; (2) filing and service of an objection to the Attachment Motion by certain Defendants; (3) various meet-and-confer deadlines; (4) filing of Rule 26(f) reports; and (5) filing of a Case Management Statement, be abolished. Additionally, Plaintiff and Defendants request the Court continue the hearing on Plaintiff's Attachment Motion and Case Management Conference, both currently set for June 4, 2014 at 1:00 p.m., approximately 60 days as holding dates only.

7. There has been one previous time modification related to this topic in this case. The Parties filed the First Global Stipulation on March 26, 2014 in order to engage in a mediation of the dispute. The dispute has now been successfully mediated and settled.

8. The requested time modifications would have a positive effect on the case, as the parties will be finalizing documentation of the mediation proceeding, which will allow the entire complaint to be dismissed with prejudice as to all parties.

I declare under penalty of perjury and the laws the United States of America that the foregoing is true and correct.

ORDER

Good cause appearing therefor,

IT IS SO ORDERED.

The Case Management Conference currently scheduled for June 4, 2014 at 1:00 p.m. is rescheduled to ______, 2014 at ___:___ __.m. as a holding date only.

Plaintiff's Attachment Motion, filed on March 25, 2014 and set for hearing on June 4, 2014 at 1:00 p.m. is rescheduled to ______, 2014 at ___:___ __.m. as a holding date only.

No Defendant is required to file and serve a response to Plaintiff's Complaint.

The Parties are no longer required to meet and confer re: initial disclosures, early settlement, ADR process, and discovery plan.

The Parties are no longer required to file an ADR Certification and either a Stipulation to ADR Process or Notice of Need for ADR Phone Conference.

The Parties are no longer required to file a Rule 26(f) Report, complete initial disclosures or state objection in Rule 26(f) Report, and file a Case Management.

No party is required to file any response to Plaintiff's Attachment Motion.