JOINT STIPULATION REQUESTING PARTIAL RELIEF FROM STRANDING ORDER RE: PRETRIAL PREPARATION AND ORDER (AS MODIFIED BY THE COURT)

HOWARD R. LLOYD, Magistrate Judge.

STIPULATION

The parties to this action, Plaintiff Areas USA SJC, LLC ("Areas") and Defendants/Counterclaimants Mission San Jose Airport, LLC and Mission Yogurt, Inc. (collectively "Mission"), by and through their counsel of record, hereby stipulate and agree as follows:

WHEREAS the Court's Standing Order re: Pretrial Preparation provides that fourteen days prior to the Pretrial Conference the parties shall submit a Joint Pretrial Statement which includes, among other things, a list of all documents and other items to be offered as exhibits at trial, other than solely for impeachment or rebuttal, and that "the parties must have agreed on an allocation of exhibit numbers which will avoid duplicate numbers;"

WHEREAS, the parties agreed upon an allocation of exhibit numbers that preserved existing deposition exhibit numbers (which had been numbered consecutively), and assigned additional number ranges to each side;

WHEREAS, Mission's exhibit list inadvertently failed to list those previously marked deposition exhibits Mission might offer at trial, and simply listed those new exhibits, not previously marked as deposition exhibits, that Mission might offer at trial;

WHEREAS, Mission has requested that Areas stipulate Mission may amend its exhibit list to add these inadvertently omitted exhibits and Areas is willing to so stipulate provided that it be allowed sufficient time to evaluate Mission's amended list and assert appropriate objections to the added exhibits (to which Mission is amenable);

THEREFORE, the parties hereby stipulate that, so long as this Court is amenable, partial relief from the Court's Standing Order re: Pretrial Preparation shall be granted as follows:

1. Mission may submit an Amended Exhibit List on December 10, 2012, identifying those exhibits previously marked as deposition exhibits that were inadvertently omitted from its exhibit list and, as to such exhibits, providing all the additional information required by the Court's Standing Order; and

2. Areas shall have until December 17, 2012, to submit its objections to any of the added exhibits.

3. Except as so agreed, all other aspects of the Court's Standing Order as to exhibits shall remain unchanged.

IT IS SO STIPULATED.

ATTESTATION CLAUSE

I, Daniel Rockey, am the ECF User whose ID and password are being used to file this JOINT STIPULATION REQUESTING PARTIAL RELIEF FROM STANDING ORDER RE: PRETRIAL PREPARATION. In compliance with General Order 45, X. B., I hereby attest that Scott Bertzyk has concurred in this filing.

ORDER

Based upon the foregoing, and good cause appearing therefor, IT IS HEREBY ORDERED as follows:

1. Mission may submit an Amended Exhibit List on December 10, 2012, identifying those exhibits previously marked as deposition exhibits that were inadvertently omitted from Mission's exhibit list and, as to such exhibits, providing all the additional information required by the Court's Standing Order; and

2. Areas shall have until December 17, 2012, December 14, 2012 to submit its objections to any of the added exhibits.

3. Except as so ordered, all other aspects of the Court's Standing Order as to exhibits shall remain unchanged.