JOINT STIPULATION TO CONTINUE DEADLINE TO CONDUCT RULE 26(F) CONFERENCE AND SUBMIT JOINT STATUS REPORT

JOHN A. MENDEZ, District Judge.

Pursuant to Rule 143 of the Civil Local Rules for the United States District Court in the Eastern District of California, the Parties to the above entitled action, Plaintiff Danielle Cummings-Reed ("Plaintiff") and Defendant Optum360 Services, Inc. ("Defendant" or "Optum360") (Plaintiff and Defendants collectively referred to herein as "the parties"), by and through their undersigned counsel, hereby stipulate and agree as follows:

WHEREAS, on November 13, 2015, the Court issued an Order that the parties conduct a Rule 26(f) Conference and file Joint Status Report within sixty (60) of the removal of this action to Federal Court.

WHEREAS, the parties Joint Status Report was due on January 12, 2016.

WHEREAS, on December 14, 2015, Defendant filed its motion to compel arbitration, which was to be heard on January 26, 2016.

WHEREAS, on December 28, 2015, the Court granted Defendant's ex parte application to continue the deadline to conduct a Rule 26(f) Conference and file Joint Status Report to February 12, 2016.

WHEREAS, on January 13, 2015, the Court dismissed Defendant's Motion to Compel Arbitration without prejudice and ordered that Defendant meet and confer with Plaintiff, preferably in person, prior to filing its Motion to Compel Arbitration.

WHEREAS, on February 9, 2015, after meeting and conferring with Plaintiff's counsel in person, Defendant re-filed its Motion to Compel Arbitration, which will be heard on March 22, 2016.

WHEREAS, Defendant would like to continue the deadline to conduct a Rule 26(f) Conference and file a Joint Status Report until after the Court has determined whether the matter will be submitted to arbitration.

WHEREAS, Defendant's position is that continuing the deadline to conduct a Rule 26(f) Conference and file a Joint Status Report until after March 22, 2016, will prevent the parties from incurring undue time and expense if the matter is submitted to arbitration.

WHEREAS, Plaintiff does not believe that there is an enforceable agreement to arbitrate this dispute, yet nevertheless is willing to continue the deadline for completing the Rule 26 conference to maintain the status quo until Defendant's motion may be heard by the Court.

WHEREAS, the parties have met and conferred and agree to continue the deadline to conduct the Rule 26(f) Conference and file a Joint Status Report until April 8, 2016.

WHEREAS, continuing the deadline to conduct a Rule 26(f) Conference and file a Joint Status Report until April 8, 2016 will not result in any change to any other applicable case deadline.

NOW THEREFORE, all parties hereto stipulate and agree that the Court may enter an Order continuing the deadline to conduct a Rule 26(f) Conference and file a Joint Status Report until April 8, 2016.

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

ORDER

PURSUANT TO STIPULATION, AND GOOD CAUSE APPEARING, IT IS SO ORDERED that the deadline to conduct a Rule 26(f) Conference and file Joint Status Report is continued until April 8, 2016.

IT IS SO ORDERED.