STIPULATION AND ORDER FOR A SECOND CONTINUANCE OF SCHEDULING CONFERENCE (LOCAL RULE 144)

STANLEY A. BOONE, Magistrate Judge.

WHEREAS, on December 10, 2012, the parties filed a stipulation to extend the time for the Scheduling Conference in this case to allow additional time for the Court to consider and issue its ruling on Defendants' motion to dismiss and, in the case of the state defendants, with an additional motion for a more definite statement (collectively "motions to dismiss"), and the Court granted this request by continuing the Scheduling Conference from January 22, 2013 to May 2, 2013;

WHEREAS, the Court has received briefing on the motion to dismiss, and on February 21, 2013, vacated the February 25, 2013 hearing and took the matter under submission;

WHEREAS, with the remaining parties awaiting a ruling on the motions to dismiss (the federal defendants have been voluntarily dismissed), those parties agree that the Scheduling Conference will be more efficient and productive if it is held after the Court's ruling on the ruling on the motions to dismiss so that the parties are able to meaningfully participate in the tasks for the scheduling conference based upon the Court's ruling;

WHEREAS, the parties have met and conferred, and stipulate to continue the Scheduling Conference for approximately 60 days after the aforementioned May 2, 2013 date, or as soon thereafter as in convenient for the Court;

WHEREAS, this is the second request for a continuance of the Scheduling Conference and the parties seek the Court's approval of this extension pursuant to Local Rule 144;

IT IS HEREBY STIPULATED AND AGREED that the Scheduling Conference shall be continued from May 2, 2013, to July 2, 2013, or as soon thereafter as is convenient for the Court.

ORDER

Pursuant to the attached stipulation and good cause appearing, IT IS HEREBY ORDERED THAT the May 2, 2013 Scheduling Conference shall be continued to July 2, 2013 at 2:00 p.m.

IT IS SO ORDERED.