Class Action

STIPULATION AND ORDER TO CONTINUE TRIAL DATE AND ALL RELATED PRE-TRIAL DATES

DALE A. DROZD, District Judge.

Plaintiff Eliazar Sanchez and Defendant Frito-Lay, Inc. (collectively the "Parties"), hereby stipulate and agree as follows:

WHEREAS, the Court on September 3, 2014, filed its Scheduling Order setting the following dates:

WHEREAS, on January 30, 2015, the Parties came before Magistrate Judge Michael J. Seng on Plaintiff's Motion for Order Granting Preliminary Approval of Class Action Settlement;

WHEREAS, on March 6, 2015, pursuant to Judge Seng's request at the hearing, Plaintiff submitted additional briefing to the Court.

WHEREAS, on August 5, 2015, Judge Seng issued an order finding and recommending that Plaintiff's Motion be denied without prejudice;

WHEREAS, on August 26, 2015, District Judge Anthony W. Ishii issued an order adopting Judge Seng's findings and recommendations in full and denying Plaintiff's Motion without prejudice;

WHEREAS, on December 4, 2015, this case was reassigned to District Judge Dale A. Drozd for all further proceedings;

WHEREAS, on January 14, 2016, Plaintiff re-submitted his Motion for Order Granting Preliminary Approval of Class Action Settlement;

WHEREAS, on February 16, 2016, the Parties came before Judge Drozd for hearing on Plaintiff's resubmitted Motion;

WHEREAS, Judge Drozd ordered that Plaintiff file a revised settlement agreement and supplemental briefing, and continued the hearing to April 5, 2016 at 9:30 a.m.;

WHEREAS, the Parties have been diligently working to resolve the case without the need to engage in further litigation;

WHEREAS, the Parties believe they will be able to provide the Court with sufficient information to address its questions remaining on the settlement of this matter, and therefore the upcoming hearing and trial dates on this matter may become moot;

WHEREAS, the Parties request a short extension of the trial date and all remaining dates and deadlines for a period of approximately six (6) months. This is the Parties' first request for a continuation of these dates.

NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED BY AND BETWEEN THE PARTIES THAT, SUBJECT TO THE COURT'S APPROVAL, the Court may continue the trial date and all remaining dates and deadlines for a period of six months. A proposed order is filed concurrently herewith.

ORDER

Finding that good cause exists, the trial date and pretrial conference dates and deadlines are continued for a period of six months.

The new Pretrial Conference date shall be November 7, 2016 at 3:30 p.m.

The new Jury Trial date shall be January 4, 2017 at 8:30 a.m.

IT IS SO ORDERED.