JOINT STIPULATION TO MODIFY AMENDED PRETRIAL SCHEDULING ORDER; ORDER (AS AMENDED BY THE COURT)

JOHN A. MENDEZ, District Judge.

TO THE HONORABLE COURT:

Plaintiff/Counter-Defendant Nutrishare, Inc. ("Nutrishare") and Defendants/Counter-Claimants Connecticut General Life Insurance Company and CIGNA Health and Life Insurance Company ("CIGNA") (collectively, "Parties") hereby stipulate as follows:

WHEREAS, Nutrishare filed its Complaint on September 23, 2013 in Sacramento Superior Court, and CIGNA removed the suit to this Court on November 15, 2013.

WHEREAS, CIGNA filed its Counter-claim on November 22, 2013.

WHEREAS, Nutrishare moved a motion to dismiss CIGNA's Counter-claims on December 16, 2013, which this Court denied in its entirety on March 14, 2014.

WHEREAS, this Court filed its Status (Pre-trial Scheduling) Order on January 17, 2014 which set deadlines to complete discovery by March 6, 2015, file dispositive motions by April 22, 2015 and commence trial on August 3, 2015.

WHEREAS, Nutrishare moved the Court on April 14, 2014 to certify its March 14, 2014 Order for interlocutory review.

WHEREAS, the Court certified its March 14, 2014 Order for interlocutory review and stayed this litigation on June 12, 2014.

WHEREAS, the Ninth Circuit denied Nutrishare's Petition for Permission to Appeal Pursuant to 28 U.S.C. § 1292(b) on September 25, 2014.

WHEREAS, on October 3, 2014, upon the Parties' request and given the delay caused by Nutrishare's appeal, the Court issued its Amended Status (Pre-trial Scheduling) Order which set the discovery deadline to June 5, 2015, deadline to file dispositive motions to July 22, 2015, and commencement of trial to November 9, 2015.

WHEREAS, CIGNA moved to strike Nutrishare's Counter-claims in Reply on October 8, 2014, which the Court granted on November 24, 2014.

WHEREAS, the Parties are moving forward with this litigation and are engaging in discovery. The Parties are also discussing the possibility of mediation, and know that they have to conduct sufficient discovery to ensure that any mediation be productive. The Parties have determined that they will not be position to conduct all necessary discovery to engage in a worthwhile mediation given the current pretrial deadlines.

IT IS HEREBY STIPULATED by and between Nutrishare and CIGNA through their respective counsel of record to modify the current pretrial deadlines as follows:

IT IS SO STIPULATED

ORDER (AS AMENDED BY THE COURT)

The Court having considered the Parties' Joint Stipulation, and good cause appearing, finds that the Amended Pretrial Scheduling Order should be modified in the interests of justice.

IT IS HEREBY ORDERED that the current pretrial deadlines be modified as follows:

IT IS SO ORDERED.