STIPULATION AND ORDER TO CONTINUE DATE OF SETTLEMENT CONFERENCE

MICHAEL J. SENG, Magistrate Judge.

Plaintiffs HENRY SEGUIN, ET AL. ("Plaintiffs") and Defendant COUNTY OF TULARE ("Defendant"), by and through their respective counsel, hereby stipulate as follows:

WHEREAS, Plaintiffs filed this collective action on August 26, 2016, asserting that Defendant violated the overtime payment provisions of the Fair Labor Standards Act ("FLSA");

WHEREAS, Magistrate Judge Boone's January 19, 2017 Scheduling Order (Dkt. No. 26) scheduled a settlement conference for September 26, 2017, before Magistrate Judge Seng;

WHEREAS, on May 17, 2017, the Court granted the Parties' stipulation for conditional certification and facilitated class notice (Dkt. 32);

WHEREAS, the opt-in period for potential plaintiffs closed on or about September 28, 2017; however, the Parties agreed to permit additional, late opt-ins;

WHEREAS, on September 15, 2017, the Court issued a Minute Order continuing the September 26, 2017 settlement conference to a date to be determined (Dkt. 41);

WHEREAS, the Parties and the Court agreed to reschedule the settlement conference for December 1, 2017 (Dkt. 44);

WHEREAS, Defendant's calculations regarding potential damages are incomplete, and given new issues regarding potential liability, Defendant notified Plaintiffs' counsel on November 28, 2017 that Defendant is not positioned to meaningfully participate in settlement negotiations;

WHEREAS, the Parties have met and conferred and agree that the Parties need additional time to evaluate and investigate the claims in order to meaningfully participate in the settlement conference; and

WHEREAS, the Parties agree it would be more productive for such a settlement conference to take place in late January or February 2018.

NOW THEREFORE, the Parties stipulate as follows:

The settlement conference originally set for December 1, 2017 should be continued to a date in late-January or February 2018, or such later date convenient for the Court.

ORDER

Having considered the foregoing Stipulation and Order to Continue Date of Settlement Conference in Case No. 1:16-cv-01262 DAD SAB, the Court refers the parties to the Minute Order at ECF No. 49, continues the December 1, 2017, settlement conference to January 5, 2018 at 1:00 pm in Courtroom 6, in Fresno, and resets the deadline to submit settlement conference statements and file notices of submission of same to seven calendar days prior to the new settlement conference date. In all other respects the proposed Stipulation is denied.

IT IS SO ORDERED.