STIPULATION AND [PROPOSED] ORDER MODIFYING BRIEFING SCHEDULE AND EXTENDING HEARING DATE FOR DEFENDANT ABBOTT LABORATORIES, INC.'S MOTION TO DISMISS, AND JOINT REQUEST TO CHANGE DATE OF CASE MANAGEMENT CONFERENCE

JON S. TIGAR, District Judge.

Pursuant to Northern District of California Local Rule 6-2(a), the parties, through their undersigned counsel, hereby stipulate and respectfully request that the Court modify the briefing schedule for Defendant Abbott Laboratories, Inc.'s ("Defendant") Motion to Dismiss ("Motion"), extend the hearing date for the Motion to September 21, 2017, and change the date of the Initial Case Management Conference to September 20, 2017. The parties declare in support of this request:

WHEREAS, Plaintiffs Crystal Kao and Nina Barwick ("Plaintiffs") filed their Class Action Complaint ("Complaint") (Dkt. 1) on May 15, 2017;

WHEREAS, on May 17, 2017, Magistrate Judge Joseph C. Spero entered an Order Setting Initial Case Management Conference and ADR Deadlines (Dkt. 5), and scheduled the Initial Case Management Conference on August 18, 2017;

WHEREAS, on May 19, 2017, Defendant Abbott Laboratories, Inc. ("Defendant") executed a waiver of service of summons in this action, which established a deadline of July 17, 2017 for Defendant to file and serve an answer or a motion under Rule 12;

WHEREAS, on May 31, 2017, this case was reassigned to this Court;

WHEREAS, on June 1, 2017, this Court entered an order scheduling the Initial Case Management Conference on August 23, 2017;

WHEREAS, on July 17, 2017, Defendant filed a Motion to Dismiss ("Motion") the Complaint, and included a hearing date of August 24, 2017 in the Motion;

WHEREAS, on July 20, 2017, this Court entered an order continuing the hearing date for the Motion to September 12, 2017;

WHEREAS, pursuant to Northern District of California Local Rule 7-3, the current deadline for Plaintiffs to file and serve an opposition to the Motion is July 31, 2017, and the current deadline for Defendant to file and serve a reply in support of the Motion is August 7, 2017;

WHEREAS, the parties have stipulated to modify the briefing schedule and extend the hearing date for the Motion as follows:

August 10, 2017 — Deadline for Plaintiffs to file and serve an opposition to the Motion,

August 22, 2017 — Deadline for Defendant to file and serve a reply in support of the Motion,

September 21, 2017 — Hearing date for the Motion;

WHEREAS, the parties request that the Initial Case Management Conference be continued to September 20, 2017 in the interests of efficiency for both the parties and the Court, and to accommodate counsel located outside of California.

IT IS HEREBY STIPULATED AND AGREED, subject to this Court's approval, by and between the undersigned counsel, on behalf of the parties, as follows:

Plaintiffs' deadline to file and serve an opposition to the Motion is August 10, 2017, and Defendant's deadline to file and serve a reply in support of the Motion is August 22, 2017. The hearing date for the Motion, which is currently scheduled on September 12, 2017, is continued to September 21, 2017. The Initial Case Management Conference, which is currently scheduled on August 23, 2017, is continued to September 20, 2017.

[PROPOSED] ORDER

Good cause appearing therefore, and the parties having stipulated to the same, the parties' stipulation is hereby APPROVED. Plaintiffs' deadline to file and serve an opposition to the Motion is August 10, 2017, and Defendant's deadline to file and serve a reply in support of the Motion is August 22, 2017. The hearing date for the Motion, which is currently scheduled on September 12, 2017, is continued to September 21, 2017. The Initial Case Management Conference, which is currently scheduled on August 23, 2017, is continued to September 21, 2017 at 2 p.m. The parties shall file a Joint Case Management Statement by September 14, 2017.

IT IS SO ORDERED.