JOINT STIPULATION TO EXTEND TIME TO FILE RESPONSE AND REPLY BRIEFS AND TO CONTINUE HEARING ON DEFENDANT DANIEL MITCHELL'S MOTION TO DISMISS; AND [PROPOSED] ORDER

RICHARD SEEBORG, District Judge.

Pursuant to Civil Local Rules 6-1(b), 6-2 and 7-12, Plaintiffs FABIO PETROLINO; M.P., a minor, through her guardian ad litem, Ana Petrolino; ANDRELINA SILVA; ANGELA PETROLINO; and ALEX PETROLINO (collectively, "Plaintiffs") and Defendant DANIEL MITCHELL ("Defendant Mitchell") hereby jointly stipulate and agree to extend the time to file a response to Defendant Mitchell's Motion to Dismiss (Dkt. 30) from September 7, 2016 to September 22, 2016; to extend the time to file a reply in support of the Motion to Dismiss from September 14, 2016 to October 6, 2016; and to continue the hearing on the Motion to Dismiss from September 29, 2016 to October 27, 2016 at 1:30 pm in Courtroom 3, 17th Floor, San Francisco Courthouse.

Plaintiffs and Defendant Mitchell also jointly stipulate and agree that Plaintiffs will not seek any discovery from Defendant Mitchell until after the Court enters an Order resolving Defendant Mitchell's Motion to Dismiss, except that Defendant Mitchell shall serve initial disclosures pursuant to Fed. R. Civ. Proc. 26(a)(1) and produce disclosable documents already collected by Defendant Mitchell's counsel on September 9, 2016, as previously agreed by the parties at the Fed. R. Civ. Proc. 26(f) conference.

The parties stipulate to and jointly request this extension to allow for sufficient time for Plaintiffs to adequately brief their response to the Motion to Dismiss, and to provide Defendant Mitchell additional time to prepare a reply to Plaintiffs' response. This is the first request for an extension of time related to this motion, and Plaintiffs' and Defendant Mitchell's first request for an extension in the matter as a whole.

The proposed time modification would impact the case deadlines as follows:

The extension of time will not affect any other deadlines set by the Court.

[PROPOSED] ORDER

PURSUANT TO THE FOREGOING STIPULATION OF THE PARTIES, IT IS SO ORDERED THAT:

1. The deadline to file a response to Defendant Mitchell's Motion to Dismiss is extended from September 7, 2016 to September 22, 2016;

2. The deadline to file a reply in support of Defendant Mitchell's Motion to Dismiss is extended from September 14, 2016, to October 6, 2016;

3. The hearing on Defendant Mitchell's Motion to Dismiss is continued from September 29, 2016 to October 27, 2016, at 1:30 pm in Courtroom 3, 17th Floor, San Francisco Courthouse;

4. Plaintiffs will not seek any discovery from Defendant Mitchell until after the Court enters an Order resolving Defendant Mitchell's Motion to Dismiss; and

5. Defendant Mitchell will serve initial disclosures pursuant to Fed. R. Civ. Proc. 26(a)(1) and produce disclosable documents already collected by Defendant Mitchell's counsel on September 9, 2016, as previously agreed by the parties at the Fed. R. Civ. Proc. 26(f) conference.