STIPULATION AND ORDER TO CONTINUE HEARING ON DEFENDANT'S MOTION TO COMPEL ARBITRATION

DALE A. DROZD, District Judge.

Mark Bieber ("Plaintiff") and Defendant DIRECTV, LLC ("Defendant") (collectively, the "Parties"), by and through their respective attorneys of record, hereby agree and stipulate as follows:

WHEREAS, on September 23, 2016 Defendant filed its Motion to Compel Arbitration, Dkt. No. 8;

WHEREAS, the hearing was set for November 15, 2016;

WHEREAS, Plaintiff's counsel mistakenly noted that the hearing was November 16, 2016, and by extension, noted that the Opposition was due November 2, 2016 instead of November 1, 2016;

WHEREAS, Plaintiff's counsel contends that this error was in good faith, and constituted excusable neglect;

WHEREAS, Defendant does not dispute the contention of Plaintiff's counsel;

WHEREAS, in the interest of avoiding prejudice to Defendant, Plaintiff has offered to stipulate to continue the hearing on the Motion to Compel, as well as the deadline for Defendant to file its Reply brief;

WHEREAS, the first available date for the hearing is December 6, 2016; and

WHEREAS, good cause therefore exists for the extension of the hearing on Defendant's Motion to Compel to December 6, 2016, in order to avoid prejudice to Defendant.

WHEREFORE, IT IS HEREBY STIPULATED AND AGREED:

The hearing on Defendants Motion to Compel shall be continued to December 6, 2016, and Defendant's Reply in Support of its Motion to Compel shall be due no later than November 29, 2016.

Attestation

Pursuant to L.R. 5-4.3.4(a)(2)(i), I, Adrian R Bacon, attest that all signatories identified above, and on whose behalf the filing is submitted, concur in the filing's content and have authorized the filing.

ORDER

The Court has reviewed and considered the stipulation of the parties to continue the motion hearing in this case. Good cause appearing,

IT IS SO ORDERED.