JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND EXTENDING DEADLINE FOR DEFENDANT TO ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT

EDWARD M. CHEN, District Judge.

Plaintiff Edher Soto ("Plaintiff") and Defendant Safeway Inc. ("Defendant" or "Safeway"), pursuant to Civil Local Rule 6-2, hereby stipulate as follows:

WHEREAS the Summons and Complaint in this action were served on Defendant Safeway on November 11, 2015;

WHEREAS the parties previously stipulated to extend Defendant's time to respond from December 3, 2015 to January 4, 2016 (Dkt. #10) and then further stipulated to extend the time to respond to January 11, 2016 (Dkt #14).

WHEREAS on November 23, 2015, the Court issued a Case Management Scheduling Order (Dkt. #11) setting the Case Management Conference for Thursday, February 11, 2016 at 9:30 AM with a Case Management Statement due by Thursday, February 4, 2016.

WHEREAS the parties have conferred on the desirability of extending the time for Defendant to respond from January 11, 2016 to Monday, February 1, 2016 and the Case Management Conference to Thursday, February 25, subject to the Court's availability and order, with the Case Management Statement due by Thursday, February 18, 2016.

WHEREAS, the requests for extensions are made in good faith and not for the purpose of delay, and will not prejudice any party. The specific reasons for the request are as follows: In this action, Plaintiff alleges that certain Safeway brand canned tuna products did not contain the amount of tuna required by regulation. Safeway is considering filing a third-party claim against at least one of its suppliers, who may be required to indemnify and defend Safeway. Plaintiff's counsel is collecting the information required to identify the suppliers for the products-at-issue. Safeway believes that having this information before the parties meet and confer with respect to case management issues and before appearing before the Court would allow Safeway to identify the supplier(s), engage in discussions regarding indemnification, and allow any indemnifying parties to secure representation. This preliminary exchange would also allow Safeway to determine whether any additional parties need to be brought into the case and who may have relevant information with respect to the allegations in the Complaint. The parties believe that modestly extending Safeway's time to respond and the Case Management Conference will ultimately help to streamline the case and help the Court more efficiently manage the matter.

IT IS HEREBY STIPULATED, by and between the parties through their respective counsel that Defendant's time to answer or otherwise respond to the Complaint be extended from January 11, 2016 to Monday, February 1, 2016 and that the Case Management Conference be reset from Thursday, February 4, 2016 to Thursday, February 25 March 3, 2016 at 9:30 a.m. subject to the Court's availability, and that the Case Management Statement be due by Thursday, February 18, 2016.

IT IS SO STIPULATED.

PURSUANT TO STIPULATION, FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

CMC reset from 2/4/16 to 3/3/16 at 9:30 a.m. Joint CMC statement due 2/25/16.