SECOND STIPULATION AND ORDER REGARDING DISCOVERY DISPUTE STATEMENTS AND EXPERT DISCOVERY

WILLIAM H. ORRICK, District Judge.

Plaintiff Clamp-Swing Pricing Company ("Clamp-Swing") and Defendant Super Market Merchandising and Supply, Inc. ("SMM") (collectively, the "Parties") through their respective counsel, hereby stipulate and ask the Court to Order as follows:

WHEREAS the Parties have agreed to provide certain requested information and make additional responsive documents available for inspection beyond the fact discovery cut-off date of October 11, 2013;

WHEREAS the Parties are engaging in meet-and-confer communications regarding such discovery;

WHEREAS the current deadline to file a discovery dispute statement with the Court is November 8, 2013;

WHEREAS the Parties seek a modification to this deadline to allow the Parties additional time to submit a discovery dispute statement;

WHEREAS the Parties have been ordered to attend a Settlement Conference on December 17, 2013;

WHEREAS the current deadline for the Parties to disclose expert witnesses and reports was set for December 9, 2013;

WHEREAS the Parties seek a modification of the expert discovery schedule and dispositive motion schedule in order to allow the parties to conduct the Settlement Conference prior to disclosure of expert witnesses and reports;

WHEREAS no change to the trial date or pre-trial conference is being proposed;

NOW, THEREFORE, the Parties agree that the schedule governing the last day for the Parties to submit a discovery dispute statement will be adjusted as follows:

ORDER

The above SECOND STIPULATION AND ORDER REGARDING DISCOVERY DISPUTE STATEMENTS AND EXPERT DISCOVERY is approved and all parties shall comply with its provisions.

IT IS SO ORDERED.