ORDER ON STIPULATION FOR LEAVE TO FILE FOURTH AMENDED COMPLAINT AND TO CONTINUE SCHEDULING CONFERENCE

STANLEY A. BOONE, Magistrate Judge.

TO THE HONORABLE COURT:

This stipulation is entered into by and between the plaintiffs and defendant Hipolito Pelayo, by and through their respective counsel.

In an effort to alleviate the unnecessary expenditure of attorney and court resources, the parties through their respective counsel hereby stipulate as follows:

WHEREAS On December 11, 2014, the Court issued an order in this action setting it for a Scheduling Conference on May 12, 2015 (ECF No. 60);

WHEREAS Plaintiffs THE ESTATE OF CECIL ELKINS, et al. filed their Third Amended Complaint on or about March 27, 2015 (ECF No. 66.);

WHEREAS Defendant filed a Motion to Dismiss Plaintiffs' Third Amended Complaint on or about April 9, 2015, setting that matter for hearing on May 13, 2015 (ECF No. 67);

WHEREAS counsel have met and conferred and agreed that the proposed Fourth Amended Complaint cures any deficiencies alleged in Defendant's Motion to Dismiss Plaintiffs' Third Amended Complaint;

WHEREAS a copy of Plaintiffs' proposed Fourth Amended Complaint is attached hereto as Exhibit "A;"

WHEREAS even if the Motion to Dismiss is resolved by the parties, the parties agree additional time will be needed, for defendant to file an answer, and for the parties to negotiate a Joint Scheduling Report;

WHEREAS on April 23, 2015, counsel for defendant, Deputy Attorney General Neli Palma, was put on a jury for a trial that will continue until May 22, 2015 (Department 19 of Sacramento Superior Court), and Supervising Deputy Attorney General Peter Meshot, also counsel for defendant, is scheduled to commence trial in Department 10 of Riverside Superior Court on May 13, 2015 (State of California v. Underwriters, et al.);

IT IS HEREBY STIPULATED, by and between counsel that:

1. Defendant HIPOLITO PELAYO'S Motion to Dismiss Plaintiffs' Third Amended Complaint currently scheduled for May 13, 2015 at 10:00 a.m. in Courtroom 9 of the United States District Court before the Honorable United States Magistrate Judge Stanley A. Boone be taken off calendar.

2. Plaintiffs The Estate of Cecil Elkins, Jr., et al. be granted leave to file their Fourth Amended Complaint, a copy of which is attached hereto as Exhibit "A."

3. Defendant's responsive pleading shall be due twenty-eight (28) days after the Fourth Amended Complaint is filed.

4. The parties request that the Court vacate the date of the May 12, 2015 Scheduling Conference and set the matter for a Scheduling Conference during the week of June 22, 2015, as suits the Court's calendar.

ORDER

Pursuant to the stipulation of the parties, IT IS HEREBY ORDERED that:

IT IS SO ORDERED.