JOINT STIPULATION AND ORDER CONTINUING TRIAL DATE AND DISCOVERY COMPLETION DATES

(Yolo County Superior Court Case No. CV13-1298).

MORRISON C. ENGLAND, Jr., District Judge.

Plaintiff Frank M. Booth, Inc. ("Plaintiff") and Defendants Thermacor Process, LP, Thermacor Process, Inc., Thermacor, LC, Richard B. Bender, II and Joe Keyes ("Defendants"), submit the following Joint Stipulation Continuing Trial Date and Discovery Completion Dates.

The parties participated in private mediation with mediator Melissa Aliotti, on February 23, 2016 and February 24, 2016. The mediation involved the issues raised in Plaintiff's Complaint, as well as claims arising out of the related State Court matter, The Regents of the University of California v. McGuire and Hester, et al., Yolo County Superior Court, Case No. CV13-383.

Though the mediation session on February 24, 2016 was not successful, the parties are continuing settlement discussions through Ms. Aliotti. The parties scheduled a further mediation with UC Davis for July 19, 2016 and/or July 20, 2016.

STIPULATION

Given the current status of this matter, Plaintiff Frank M. Booth, Inc., ("Plaintiff") and Defendants Thermacor Process, LP, Thermacor Process, Inc. and Thermacor, LC, Richard B. Bender, II and Joe Keyes ("Defendants"), through their respective undersigned counsel, hereby stipulate as follows:

1. The parties have agreed to continue with the mediation process.

2. The parties continue to agree that at this time, the best opportunity to resolve this matter will be to address this and the State Court claims simultaneously in hopes of reaching a global settlement.

3. The parties agree that good cause exists to vacate the September 19, 2016 Trial Date, the Discovery Completion Date of August 12, 2016, and the Disclosure of Expert Witness Date of August 12, 2016, as previously ordered by the Court in its March 11, 2016 Order.

4. Trial is currently scheduled on September 19, 2016. The State Court action is scheduled for Trial on November 14, 2016. In an effort to maintain judicial economy and possibly resolve the State Court Action, the parties Stipulate that the September 19, 2016 Trial Date, the Discovery Completion Date and Disclosure of Expert Witness Date be vacated and reset to a date following the November 14, 2016 State Court action. No parties will be prejudiced by vacating and re-setting the current Trial Date, completion of Discovery and Disclosure of Expert Witnesses.

ORDER

Pursuant to the foregoing stipulation, and for good cause appearing therefor, it is ordered that the Trial Date of September 19, 2016, the Discovery Completion and Disclosure of Expert Witness dates of August 12, 2016, and all related dates are hereby VACATED. A new trial will be set, if necessary, upon completion of the State Court Action. Not later than January 2, 2017, the parties are directed to file a further joint status report.

IT IS SO ORDERED.