STIPULATION AND ORDER RE DEADLINES TO FILE DISPOSITIVE MOTION BRIEFS AND HEARING DATE

JOHN A. MENDEZ, District Judge.

WHEREAS, the court issued a scheduling order ("order") on or about May 16, 2013 (Doc. 30); and

WHEREAS, pursuant to the order, all dispositive motions shall be filed by October 22, 2014 and hearing on such motions shall be on November 19, 2014 at 9:30 a.m.; and

WHEREAS, on May 24, 2013, the parties filed a stipulation to modify the time limits to file an opposition and reply brief to any motions for summary judgment (Doc 32); and

WHEREAS, the May 24, 2013 stipulation provided that "Plaintiff would have four weeks (28 days) to file an opposition brief to a motion for summary judgment, instead of fourteen (14) days as provided by Local Rule 230(c)"; and

WHEREAS, the May 24, 2013 stipulation provided that "the parties agreed Defendants would have fourteen (14) days to file a reply brief to any opposition to a motion for summary judgment, instead of seven (7) days as provided by Local Rule 230(d)"; and

WHEREAS, on or about May 28, 2013, the court approved the May 24, 2013 stipulation between the parties to modify the time limits to file an opposition and reply brief to any motions for summary judgment as described above (Doc. 33); and

WHEREAS, on June 20, 2014, the parties filed a stipulation and order to continue the deadline to complete all discovery, but did not request any changes to the deadlines to file dispositive motions (October 22, 2014) or the date for hearing on such motions (November 19, 2014) (Doc. 56); and

WHEREAS, on June 23, 2014, the court approved the parties' stipulation as filed on June 20, 2014 (Doc. 57); and

WHEREAS, the parties desire to abide by their prior stipulation regarding the time limits to file opposition and reply briefs to dispositive motions (Doc. 33); and

WHEREAS, the parties recently realized that if Defendants file a dispositive motion on or about the last day to file such motion, October 22, 2014, it is not feasible to have a hearing on such dispositive motion by November 19, 2014; and

WHEREAS, the parties, recognizing this conflict, agree and stipulate to move only the hearing date for dispositive motions to December 17, 2014 or to a subsequent date the court deems necessary; and

WHEREAS, this request is not being made for the purpose of causing delay or for any other improper purpose; and

WHEREAS, continuing the above-referenced deadlines will not prejudice any party or their counsel; and

NOW, THEREFORE, IT IS HEREBY STIPULATED and agreed by Plaintiff and Defendants, through their respective attorneys of record, that this court continue the hearing on dispositive motions from November 19, 2014 to Wednesday, December 17, 2014 at 9:30 a.m., or a subsequent date the Court deems necessary as to avoid any conflict with the parties' stipulation regarding time limits to file opposition and reply briefs to dispositive motions.

IT IS SO ORDERED.