STIPULATION TO VACATE FEBRUARY 7, 2019 HEARING AND REMAINING PRETRIAL DEADLINES; NOTICE OF SETTLEMENT; AND ORDER

MORRISON C. ENGLAND, JR., District Judge.

Pursuant to Civil Local Rule 143, Plaintiff Mike Cortes ("Plaintiff") and Defendant National Credit Adjusters, L.L.C. ("Defendant") (collectively, the "Parties"), by and through their respective counsel, stipulate as follows:

WHEREAS, on August 2, 2017, the Court granted Plaintiff's motion for class certification, entered default judgment as to liability, and held the issue of damages in abeyance (ECF Doc. No. 10);

WHEREAS, on August 3, 2018, the Court approved Plaintiff's notice plan, directed Plaintiff to provide notice to the class, and held judgment as to liability in abeyance for the duration of the notice period;

WHEREAS, on August 10, 2018, Plaintiff caused notice to be disseminated pursuant to the Court's August 3, 2018 order (ECF Doc. No. 26);

WHEREAS, on September 4, 2018, Defendant filed a Motion to Set Aside Default, for Leave to File an Answer and Affirmative Defenses and to Vacate August 2, 2017 Memorandum and Order (ECF Doc. No. 23), and Defendant's motion has now been fully briefed;

WHEREAS, on November 20, 2018, Plaintiff filed a Motion for Damages and Costs (ECF Doc. No. 29), and Plaintiff's motion has now been fully briefed;

WHEREAS, on January 10, 2019, the Court, on its own motion, scheduled Defendant's Motion to Set Aside Default to be heard on February 7, 2019, at 11:00 a.m. (ECF Doc. No. 33);

WHEREAS, on January 18, 2019, the Parties participated in a mediation with Martin Quinn, Esq., at JAMS in San Francisco, CA.

WHEREAS, on February 5, 2019, the Parties executed a binding Term Sheet setting out an agreement to settle all claims in this action on a class basis;

WHEREAS, the Parties agree to work in a good faith basis to execute a full class action settlement agreement, to be submitted to the Court for preliminary and final approval;

WHEREAS, there is no longer a reason to have a hearing on February 7, 2019, as the Parties have agreed to settle all of their claims;

NOW THEREFORE, IT IS STUPULATED AND AGREED by the Parties, by and through their counsel, that the February 7, 2019 hearing and all remaining pretrial deadlines shall be vacated.

ORDER

Pursuant to the above stipulation between the Parties concerning a tentative settlement, IT IS HEREBY ORDERED that all deadlines, hearings, and pending motions concerning this matter are VACATED as moot. In accordance with the provisions of Local Rule 160, dispositional documents are to be filed no later than February 28, 2019. Failure to file dispositional papers on this date may be grounds for sanctions. The Court may, on good cause shown, extend the time for the filing dispositional papers upon a written request from the Parties.

IT IS SO ORDERED.