STIPULATION AND [PROPOSED] ORDER TO CONTINUE ALL CASE MANAGEMENT DATES AND FOR LEAVE TO FILE THIRD PARTY COMPLAINT

MORRISON C. ENGLAND, Jr., District Judge.

To facilitate a meaningful mediation of this action, which currently is scheduled to occur on February 13, 2017 before Hon. William Cahill (Ret), and in order to save the parties' resources from needless expenditure in the interim, and further, for purposes of judicial economy, Plaintiff HealthSmart Benefit Solutions, Inc. ("HealthSmart") and Defendant InterWest Insurance Services, Inc. ("InterWest") believe that a 90 day continuance of the case management conference ("CMC") dates set forth in the Court's June 22, 2016 Initial Scheduling Order [Dkt #11] is both appropriate and needed.

This is the parties' first and only request for a continuance of any dates in this matter, and it is made in good faith, immediately following the parties' assiduous taking of sufficient preliminary discovery so as to properly inform the parties' views as towards settlement.

Accordingly, HealthSmart and InterWest, through their attorneys of record, hereby jointly apply to the Court for a 90-day continuance of the CMC dates based upon the following stipulation:

1. The parties have agreed to mediate the dispute on February 13, 2017, before Hon. William Cahill, Ret., at JAMS in San Francisco (a date which has already been reserved with Judge Cahill's assistant), or, should that date become unavailable, at a mutually convenient date in February 2017, or are soon thereafter as possible given the parties' and mediator's availability;

2. The parties consent to and agree that all remaining case management dates ordered by the Court's June 22, 2016 Initial Scheduling Order [Dkt #11] may be extended by 90 days, as requested in InterWest in its Motion to Modify the Court's Initial Scheduling Order [Dkt #16] currently set for hearing on January 12, 2017;

3. The parties agree to stay all discovery until and through February 28, 2017; and

4. HealthSmart consents to and agrees not to oppose InterWest's motion for leave to file a Third Party Complaint against Brown & Riding Insurance Services, Inc., and Wells Fargo Insurance Services, Inc., that is set for hearing on January 12, 2017.

ORDER

Pursuant to the parties' stipulation, all case management dates set forth in the Initial Pretrial Scheduling Order (ECF No. 11) are extended by 90 days, as requested by InterWest in its Motion to Modify the Court's Initial Scheduling Order (ECF No. 16), and all discovery is stayed through February 28, 2017.

In light of this stipulation and order, InterWest's Motion to Modify the Court's Scheduling Order is DENIED as moot, and the January 12, 2017 hearing on the matter is hereby vacated.

Further, upon review of InterWest's Motion for Leave to File a Third Party Complaint and Memorandum of Points and Authorities in support thereof, and in light of HealthSmart's consent and non-opposition thereto, InterWest's motion is hereby GRANTED. Defendant is ordered to file its Third Party Complaint not later than 14 days from the date of this order.

The January 12, 2017 hearing on the matter is also vacated.

IT IS SO ORDERED.