STIPULATION AND PROPOSED ORDER TO ADJOURN AND CONTINUE INITIAL SCHEDULING CONFERENCE

WILLIAM B. SHUBB, District Judge.

Pursuant to Eastern District of California Local Rule 144, this Stipulation is entered into by and between Defendants CitiMortgage, Inc. ("CitiMortgage"), Experian Information Solutions, Inc., Equifax Information Services, LLC, and Trans Union, LLC ("Defendants") and Plaintiffs David T. Heydt and Jennifer F. Heydt ("Plaintiffs") (collectively, the "Parties"), as follows:

RECITALS

1. On April 27, 2015, Plaintiffs filed their initial Complaint [Dkt. 1] against Defendants.

2. On April 28, 2015, the Court issued an Order [Dkt. 3] setting the Parties' Initial Pretrial Scheduling Conference for August 17, 2015.

3. On July 20, 2015, CitiMortgage filed a motion to dismiss Plaintiffs' Complaint [Dkt. 27, 28] pursuant to Fed. R. Civ. P. 12(b)(6), which was calendared for hearing on September 21, 2015.

4. On July 21, 2015, the Court issued an Order sua sponte [Dkt. 29] continuing the Parties' Initial Pretrial Scheduling Conference to October 26, 2015 — approximately 5 weeks following the hearing scheduled for CitiMortgage's initial motion to dismiss.

5. On August 5, 2015, Plaintiffs filed a First Amended Complaint [Dkt. 33] ("FAC"). CitiMorgage subsequently filed a Notice of Withdrawal [Dkt. 34] withdrawing its initial motion to dismiss without prejudice.

6. On August 19, 2015, CitiMortgage filed its Motion to Dismiss Plaintiff's FAC [Dkt. 36, 37] pursuant to Fed. R. Civ. P. 12(b)(6), which seeks dismissal of Plaintiffs' claims against CitiMortgage with prejudice. Plaintiffs intend to file an opposition to CitiMortgage's Motion to Dismiss. The Motion to Dismiss is calendared for hearing on November 2, 2015.

7. The Parties have conferred and agree that, as previously ordered by the Court sua sponte after the filing of CitiMortgage's initial motion to dismiss, the interests of judicial economy would be served by continuing the Parties' Initial Pretrial Scheduling Conference until approximately 5 weeks following the hearing scheduled for CitiMortgage's currently pending Motion to Dismiss. The Parties agree that no Party will be prejudiced by the delay, and, further, the Parties believe that conducting the Initial Pretrial Scheduling Conference after the hearing on CitiMortgage's Motion to Dismiss may narrow the issues to be addressed at the Parties' Scheduling Conference, depending on the outcome of the Motion.

STIPULATION

NOW, THEREFORE, based upon the foregoing and subject to Court approval, the Parties hereby STIPULATE AND AGREE AS FOLLOWS, and respectfully request that the Court:

1. Adjourn the Parties' Initial Pretrial Scheduling Conference, currently scheduled for October 26, 2015, and continue the Conference to December 7, 2015, 2:00 p.m., or to such time following as may be convenient for the Court; and

2. Continue the Parties' corresponding deadlines to conduct their Rule 26(f) conference, submit their joint status report, and make their Rule 26(a) disclosures accordingly.

PURSUANT TO STIPULATION, IT IS SO ORDERED. THE PARTIES' INITIAL SCHEDULING CONFERENCE IS HEREBY CONTINUED TO December 7, 2015 at 2:00 p.m. A Joint Status Report shall be filed no later than November 23, 2015.