STIPULATION TO EXTEND CLASS CERTIFICATION MOTION DEADLINES; ORDER (ECF No. 25).

ERICA P. GROSJEAN, Magistrate Judge.

Plaintiff JEREMY R. LUSK ("Plaintiff") and Defendants FIVE GUYS ENTERPRISES, LLC, ENCORE FGBF, LLC, ("Defendants") ("collectively with Plaintiff, the "Parties"), through their respective counsel, herby stipulate to extend the class certification motion deadlines as follows:

WHEREAS, on May 2, 2017, Plaintiff filed putative class action in the Kings Superior Court alleging Defendant's various violations of the Labor Code and the Fair Credit Reporting Act;

WHEREAS, on June 2, 2017, Defendants removed the action to this Court;

WHEREAS, the Court ordered the following briefing schedule for Plaintiff's anticipated Motion for Class Certification: Motion for Class Certification on August 3, 2018, Defendant's Opposition to Motion for Class Certification on September 3, 2018, Plaintiff's Reply to Opposition to Motion for Class Certification on September 18, 2018, and the hearing on Plaintiff's Motion for Class Certification is not set;

WHEREAS, since January of 2018, Plaintiff has engaged in extensive discovery, serving Defendants with two sets of Interrogatories, Request for Production of Documents and Request for Admission;

WHEREAS, on April 25, 2018, Defendants took Plaintiff's deposition;

WHEREAS, on May 17, 2018, Defendants served Plaintiff with two sets of Interrogatories, Request for Production of Documents and Request for Admission;

WHEREAS, the Parties previously agreed to participate in private mediation;

WHEREAS, the Parties have met and conferred and agreed to attend private mediation with Deborah Crandall Saxe of JAMS;

WHEREAS, due to the availability of Ms. Saxe as well as various conflicts among the Parties, the first available mediation date that works for Ms. Saxe and the Parties is August 22, 2018;

WHEREAS, the Parties have scheduled and confirmed August 22, 2018 for the mediation with Ms. Saxe;

WHEREAS, the Parties have met and conferred and agree that it would be in the interest of justice and preservation of time and resources for the Parties and the Court to complete mediation before Plaintiff files his motion for class certification;

WHEREAS, in light of the above, the Parties have agreed to enter into a Stipulation that will seek an Order to extend the deadlines for the anticipated briefing schedule for motion for class certification;

WHEREAS, the Parties have agreed that, except as otherwise stated, nothing in this Stipulation shall operate as a waiver of any rights they may have in this action;

THEREFORE, the Parties enter into a Stipulation respectfully seeking an Order to extend the class certification briefing schedule as follows:

IT IS SO STIPULATED.

ORDER

For good cause, and pursuant to the Parties' stipulation, the request for an extension of time for the class certification briefing schedule (ECF No. 25) is GRANTED.

The modified class certification briefing schedule is as set forth below, with a hearing on the class certification motion set for December 14, 2018, at 10:00 AM, in Courtroom 10, before Magistrate Judge Erica P. Grosjean.

The telephonic status conference set for December 5, 2018, is VACATED.

IT IS SO ORDERED.