STIPULATION CONTINUING MANDATORY SCHEDULING CONFERENCE TO ALLOW TIME FOR SETTLEMENT NEGOTIATIONS; ORDER

SANDRA M. SNYDER, Magistrate Judge.

WHEREAS, a scheduling conference is currently set in this matter for February 26, 2014, and a joint scheduling report is to be filed no later than February 19, 2014 (DOC 15);

WHEREAS, Defendant, Gurmej Singh dba Johnny Quik Food Stores #175 ("Singh") was added as a party in the First Amended Complaint filed by Plaintiff, Ronald Moore ("Plaintiff"), on December 2, 2013 (DOC. 12);

WHEREAS, Singh was served by substituted service and the summons and amended complaint were subsequently mailed to him on December 11, 2013, and therefore, allowing for the ten (10) days mailing required under California Code of Civil Procedure Section 415.20, his responsive pleading was due January 13, 2014.

WHEREAS, Plaintiff and Singh stipulated to an extension of time for Singh's responsive pleading such that it was due on February 10, 2014 (DOC. 18);

WHEREAS, the last date to complete service on all defendants pursuant to this Court's Order Setting Mandatory Scheduling Conference and Rule 4(a) of the Federal Rules of Civil Procedure was December 13, 2013, and all defendants have been so served;

WHEREAS, Singh has not yet appeared; however he has been in contact with plaintiff's counsel regarding the possibility of settlement;

WHEREAS, Plaintiff, Singh, defendant Johnny Quik Food Stores, Inc. ("Johnny Quik") and defendant Beal Properties, Inc. have engaged in active settlement negotiations and are close to reaching a final agreement which would result in the dismissal of this action. However, the parties need another 7-10 days to complete their negotiations, finalize the agreement, and, if that occurs, another 10-15 days thereafter to get the dismissal on file with the court. The parties desire to avoid the expense of preparing the scheduling report and appearing at the conference and also to conserve the resources of the court;

NOW, THEREFORE, Plaintiff, Johnny Quik and Beal Properties, Inc., by and through their respective counsel, respectfully request that the scheduling conference currently set for February 26, 2014 be continued to a date, at the Court's convenience, after March 17, 2014.

IT IS SO STIPULATED.

ORDER

Upon the stipulation of all parties who have appeared in this action, and good cause appearing,

IT IS HEREBY ORDERED that the Mandatory Scheduling Conference currently set for February 26, 2014 be continued to March 26, 2014 at 11:30 AM before Magistrate Judge Sandra M. Snyder in Courtroom 1 of the above-entitled Court, and that the parties file a Joint Scheduling Report no later than seven (7) days prior to the conference.

IT IS FURTHER ORDERED that counsel for Defendants Johnny Quik Food Stores, Inc. and Beal Properties, Inc. shall immediately serve a copy of this Order on all defendants named in the action who have not yet appeared.

IT IS SO ORDERED.