STIPULATION AND ORDER CONTINUING THE DEFENDANTS' MOTION TO DISMISS HEARING, SETTING THE BRIEFING SCHEDULE AND CONTINUING THE STATUS CONFERENCE

LAWRENCE K. KARLTON, District Judge.

Plaintiff Beth A. Bodi and defendants Shingle Springs Band Of Miwok Indians, Shingle Springs Tribal Health Program, Shingle Springs Tribal Health Board, and Brenda Adams (collectively, "the Parties"), by and through their counsel of record respectfully request that the court give effect to the stipulation regarding the continuing the hearing date for defendants' Motion to Dismiss from October 7, 2013 until December 9, 2013, and related changes to the briefing schedule. Further, the parties respectfully request that the court continue the Status Conference from October 21, 2013 until December 16, 2013. The Parties' stipulation, through counsel, is as follows:

WHEREAS, all the above-listed defendants have filed their F.R.C.P. 12(b)(1) Motion to Dismiss, seeking dismissal of Plaintiff's Second Amended Complaint based upon the lack of subject matter jurisdiction; the hearing is now presently scheduled for October 7, 2013;

WHEREAS, the Parties are exploring an out-of-court settlement that would render further proceedings in this case unnecessary;

WHEREAS, the Parties wish to continue the hearing of this motion, in the interests of justice and to conserve judicial and litigant resources;

WHEREAS, the Parties wish to make arrangements for orderly filing of the Opposition and Reply briefing on a timeline that accommodates the new hearing date; and

WHEREAS, the Parties agree that the foregoing reasons present good cause for altering the briefing schedule set forth in Rule 230 of the Local Rules of the United States District Court, Eastern District of California.

WHEREAS, this Court has currently scheduled the Status Conference for October 21, 2013;

WHEREAS, the Parties wish to continue the Status Conference until December 16, 2013.

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED among the Parties that:

1. Plaintiff shall oppose defendants' motion to dismiss no later than October 30, 2013;

2. Defendants shall file any reply brief in support of their motion to dismiss no later than November 22, 2013;

3. Counsel for plaintiff and defendants agree that it would be the best use of judicial and litigant resources to continue the hearing date on defendants' Motion to Dismiss shall be continued from October 7, 2013 at 10:00 a.m. until December 9, 2013 at 10:00 a.m., or a date thereafter convenient to the Court;

4. Counsel also agrees that it would be similarly beneficial to continue the Status Conference until December 16, 2013 at 2:00 p.m., or a date thereafter convenient to the Court, following the new hearing date on defendants' Motion to Dismiss.

IT IS SO STIPULATED.

ORDER

The Parties having stipulated thereto and good cause appearing, IT IS HEREBY ORDERED THAT:

1. Plaintiff shall file her opposition to defendants' motion to dismiss no later than October 30, 2013;

2. Defendants shall file any reply brief in support of their motion to dismiss no later than November 22, 2013;

3. The hearing date on defendants' Motion to Dismiss shall be continued from October 7, 2013 at 10:00 a.m. until December 9, 2013 at 10:00 a.m.;

4. The Status Conference shall be continued from October 21, 2013, at 10:00 a.m. until December 16, 2013 at 2:00 p.m.