STIPULATION TO CONTINUE CASE DEADLINES

WILLIAM H. ORRICK, District Judge.

WHEREAS, on August 21, 2018, the Parties appeared before the Court for a Joint Case Management Conference ("CMC");

WHEREAS, during the CMC, the Court ordered that preliminary motions be filed no later than October 10, 2018, and that in the meantime the parties work collaboratively to assure that adequate jurisdictional discovery and other necessary information has been disclosed;

WHEREAS, in the time since the CMC, the Parties have been working to engage in discovery. To wit, the parties exchanged initial disclosures on September 4, 2018. Plaintiffs also identified specific categories of jurisdictional discovery needed and contained in requests for production served on May 29, 2018, and August 29, 2018. On September 28, 2018, Defendants Haynes Investments, LLC and L. Stephen Haynes ("the Haynes Defendants") provided written responses to Plaintiffs' discovery requests; on October 3, 2018, Defendant Plain Green, LLC ("Plain Green") provided written responses to Plaintiffs' discovery requests; and on September 20 and October 5, 2018, Plain Green made initial productions of documents responsive to Plaintiffs' discovery requests. The parties have been engaged in ongoing meet and confers relating to Defendants' objections to Plaintiffs discovery requests, with Plaintiffs anticipating the need to file motions to compel regarding the same;

WHEREAS, in the time since the CMC, the Parties have also engaged in initial settlement discussions;

WHEREAS, on October 10, 2018, the Haynes Defendants filed motions to (i) dismiss the case, (ii) compel arbitration, and (iii) stay the proceedings, and on the same date, Plain Green filed a motion to dismiss the case;

WHEREAS, pursuant to Local Rule 7-3, Plaintiffs would be required to submit responses to the Haynes Defendants' and Plain Green's motions on October 24, 2018, with the Haynes Defendants and Plain Green thereafter being required to submit reply memoranda in support of their motions on October 31, 2018, and a hearing on the motions is currently scheduled for November 14, 2018, at 2:00 p.m.;

WHEREAS, the Parties believe that they will benefit from continued settlement negotiations and want to avoid potential unnecessary expenditure of time and resources on discovery disputes and further briefing on Defendants' motions should they be able to reach agreement on material terms of a settlement;

WHEREAS, additionally, the Parties are still meeting-and-conferring regarding discovery matters, and depending on the outcome of the meet-and-confer and settlement negotiations might submit a discovery dispute to the Court consistent with the procedures outlined in the Court's standing order;

WHEREAS, pursuant to Local Civil Rule 6-1(b), a Court order is necessary to extend the briefing schedule and reschedule the motion hearing;

WHEREAS, the postponement will not impact any other scheduled dates;

WHEREAS, this is the first time modification requested by the Parties both on the pending motions and in this case as a whole;

NOW, THEREFORE IT IS STIPULATED, by and between the undersigned Parties, through their respective counsel of record, pursuant to Rule 6 and Local Civil Rules 6-1(b) and 2(a), that (i) Plaintiffs shall file their response briefs in opposition to Defendants' pending motions outlined herein on November 28, 2018, (ii) Defendants' shall file their reply memoranda in support of the motions outlined herein on December 5, 2018, and (iii) the Parties shall appear on December 19, 2018, at 2:00 p.m. for the hearing on those motions.

STIPULATED AND AGREED:

Pursuant to Local Civil Rule 6-2(a), and GOOD CAUSE APPEARING THEREFOR, the stipulated schedule set forth above is hereby adopted.

PURSUANT TO STIPULATION, IT IS SO ORDERED.