STIPULATION: (1) FOR EXTENDED BRIEFING SCHEDULE ON MOTION TO DISMISS AND MOTION TO STRIKE; AND (2) TO CONTINUE HEARING ON MOTION TO DISMISS AND MOTION TO STRIKE FROM MAY 30, 2013, TO JUNE 27, 2013; AND (3) TO CONTINUE CASE MANAGEMENT CONFERENCE FROM MAY 15, 2013, UNTIL JUNE 27, 2013

JON S. TIGAR, District Judge.

Pursuant to Local Rules 6-2 and 7-12, plaintiffs John Falkenberg and Steven Ingargiola (collectively "plaintiffs") and defendant Alere Home Monitoring, Inc. ("Alere") agree and stipulate as follows:

WHEREAS, in this action, Alere filed a motion to dismiss and motion to strike, which are pending, with opposition briefs due on April 26, 2013, reply briefs due on May 3, 2013, and the hearing currently set to take place on May 30, 2013;

WHEREAS counsel for plaintiffs has a family medical emergency as well as a busy litigation schedule, and therefore respectfully requests an extension in order to meet plaintiffs' current deadline for filing their opposition briefs (Frei-Pearson Decl., ¶ 3);

WHEREAS the parties previously stipulated to extend Alere's time to respond to the complaint by six weeks (Id. at ¶ 4);

WHEREAS this extension will not impact the case's schedule outside of the relief requested in the instant stipulation (Id. at ¶ 5);

NOW, THEREFORE, plaintiffs and Alere, by and through their attorneys of record, agree and stipulate that:

Pursuant to Local Rules 6-2, 7-12, and 16-2(e), plaintiffs and Alere further agree and stipulate as follows:

WHEREAS a case management conference is currently scheduled for May 15, 2013;

WHEREAS the parties have stipulated to continue the hearing on Alere's motion to dismiss and motion to strike until June 27, 2013;

WHEREAS the parties believe that, the case management conference would be more productive and beneficial if it were held at a time when the briefing on Alere's motion to dismiss and motion to strike is complete and the Court is fully apprised of the landscape of this action;

NOW, THEREFORE, plaintiffs and Alere, by and through their attorneys of record, agree and stipulate that the case management conference will be continued to June 27, 2013, at 2:00 p.m. so as to coincide with the hearing on Alere's motion to dismiss and motion to strike. In the alternative, should the Court prefer to hold the case management conference on a Wednesday, the parties stipulate to continue the case management conference until June 26, 2013, at 2:00 p.m., or until a date and time that is acceptable to the Court. The parties will submit their joint case management statement five court days prior to the new conference date, and will comply with the deadlines set forth in Fed. R. Civ. Proc. 26 as they relate to this new date.

PURSUANT TO STIPULATION, IT IS SO ORDERED.