SUPPLEMENTAL STIPULATION TO CONTINUE DEADLINE TO FILE JOINT STATUS REPORT AND CORRESPONDING DEADLINES; ORDER THEREON

MORRISON C. ENGLAND, Jr., Chief District Judge.

TO THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

Plaintiff DAVID KRUEGER, on behalf of himself and all others similarly situated, ("Plaintiff") and Defendant MISTRAS GROUP, INC. ("Defendant") (collectively, the "Parties"), by and through their respective counsel of record, hereby stipulate and agree as follows:

On April 10, 2015, Plaintiff filed in the California Superior Court for Kern County the above-captioned lawsuit (ECF Doc. No. 1-2).

On May 18, 2015, Defendant removed this case to U.S. District Court, Eastern District of California (ECF Doc. No. 1).

On the same day, the Court issued an Order Requiring Joint Status Report. Pursuant to this order, the deadline for the Parties to file a joint status report addressing the topics listed in said order, including a Rule 26(f) discovery plan, was July 17, 2015 (ECF Doc. No. 2).

On May 27, 2015, Defendant filed a Notice of Related Case identifying the following action filed in the California Superior Court for San Francisco County on April 13, 2015, and removed to the United States District Court for the Northern District of California on May 15, 2015: Edgar Viceral v. Mistras Group, Inc., Case No. 3:15-cv-02198-EDL ("Viceral"), currently pending before the Honorable Edward M. Chen (ECF Doc. No. 4).

The Parties agree that the parties and some of the substantive claims in this matter overlap with the parties and substantive claims in the Viceral case, and that transfer, consolidation, and/or coordination of the two matters before a single Court is appropriate. The Parties are working diligently to address this issue and are negotiating regarding how to proceed.

In order to have sufficient time to negotiate the coordination of Viceral and Krueger, on July 13, 2015 the Krueger Parties filed a Stipulation and [Proposed] Order to Continue Deadline to File Joint Status Report and Corresponding Deadlines to extend the July 17, 2015 deadline for thirty (30) days until August 17, 2015. (ECF Doc. No. 9). The Parties explained that they needed additional time to allow for transfer and/or consolidation or coordination of Krueger with the Viceral action. Moreover, extending the deadlines would preserve both the Parties' and the Court's resources and promotes efficiency. The Parties would have a greater ability to fully discuss ADR options and to adequately conduct a Rule 26(f) conference after the cases are transferred and/or consolidated or coordinated.

On July 20, 2015, this Court granted the Parties' request for an extension of the July 17, 2015 Joint Status Report deadline (ECF Doc. No. 10). The Court extended the deadline to August 17, 2015.

Since the Court's order, the Parties have been working diligently to coordinate Krueger with the Viceral action. Counsel for Parties in both actions have met and conferred on numerous occasions. Ultimately, the Parties have agreed that Krueger will be combined with Viceral before the Northern District of California by way of filing an amended complaint in Viceral and adding the Krueger parties and claims to the complaint. Thereafter, the Krueger Plaintiffs will request dismissal of this action before this Court. This agreed-upon coordination of the two cases implicates several procedural steps including, but not limited to: coordinating Plaintiffs' Counsel in both matters; drafting an agreed upon amended complaint; and drafting an agreed upon request for dismissal. The Parties have been working to complete all the necessary steps for coordination; however, they require additional time to finalize all procedural filings and pleadings. The Parties project that all steps for the complete coordination of Krueger and Viceral will be completed in the next three (3) weeks. Accordingly, the Parties submit this supplemental stipulation to extend the deadlines.

IT IS HEREBY STIPULATED, by and between the Parties hereto, through their respective counsel of record, as follows:

The Joint Status Report and corresponding meet and confer and other related deadlines should be continued from the August 17, 2015 Joint Status Report deadline, until September 4, 2015, or as soon thereafter as practicable to allow for coordination with the Viceral action and dismissal of Krueger.

ORDER ON STIPULATION

Having reviewed the foregoing stipulation and for good cause appearing, the Joint Status Report and corresponding meet and confer and other related deadlines shall be continued from the August 17, 2015 Joint Status Report deadline, until September 4, 2015, or as soon thereafter as practicable to allow for coordination with Edgar Viceral v. Mistras Group, Inc., Case No. 3:15-cv-02198-EDL and dismissal of the pending matter, David Krueger v. Mistras Group, Inc., Case No. 2:15-cv-01069-MCE-DAD.

IT IS SO ORDERED.