STIPULATION FOR CONSOLIDATION OF HEARING DATES AND EXTENSION OF BRIEFING SCHEDULE, AND ORDER

LAWRENCE J. O'NEILL, Chief District Judge.

Pursuant to Local Rules 143, 144 and 230 of the Local Rules of the United States District Court, Eastern District of California ("Local Rules") and the Standing Order in All Civil Cases Assigned to District Judge Lawrence J. O'Neill, the parties stipulate, and the Court hereby orders, as follows:

Background Facts

A. On or about January 16, 2019, plaintiffs Lantz Retirement Investments, LLC, et al. ("Plaintiffs") filed their complaint against Brian Glover, an individual ("Glover"); Mesa Senior Living Community, LLC/Courtyard Towers, Mesa Arizona, an Oregon Limited Liability Company ("Mesa"); Gregory Roderick, an individual ("Roderick"); the Roderick Family LLC, an Oregon Limited Liability Company ("Roderick Family"); Bide, LLC, a California Limited Liability Company ("Bide"); Mark Smith, an individual ("Smith"); Frontier Management, an Oregon Limited Liability Company ("Frontier"); and Newmark Grubb ASU & Associates ("ASU"), a California corporation, in Kern County Superior Court. The action was entitled Lantz Retirement Investments, LLC, et al., v. Brian Glover, et al., Case No. BCV-19-100144.

B. On or March 21, 2019, defendants Frontier Management, Roderick and Roderick Family (the "Frontier Defendants") filed their notice of removal thereby removing the state court case to the United States District Court for the Eastern District of California. The case has been assigned number 1:19-CV-00379-LJO-SAB.

C. On or about March 27, 2019, Plaintiffs, the Frontier Defendants and ASU filed a stipulation pursuant to Local Rule 144(a) setting April 25, 2019 as the deadline for those defendants to file their initial responsive pleading.

D. On or about March 28, 2019, Defendant Smith filed his Notice of Motion and Motion to Dismiss Plaintiffs' Complaint Pursuant to FRCP 12(B)(6)) and Motion for More Definite Statement Pursuant to FRCP 12(E) ("Defendant Smith's Motion"). The matter is set to be heard April 25, 2019.

E. Plaintiffs have filed their opposition to Defendant Smith's motion. Defendant Smith's reply is due April 18, 2019.

F. The Frontier Defendants and Defendant ASU contemplate filing dispositive motions as their initial responsive pleadings.

G. Counsel for Plaintiffs, for the Frontier Defendants, for Defendant Smith and for Defendant ASU have met, conferred and do agree that the interests of judicial economy will be best served if the motions of the various defendants are briefed on the same schedule and heard on the same day. They have for that reason, subject to the Court's approval, entered into the following stipulation:

Stipulation

1. The parties hereby stipulate that the hearing date, time and place currently set for Defendant Smith's Motion, (April 25, 2019, 8:30 a.m., Courtroom 4, Honorable Lawrence J. O'Neill) shall be continued to June 27, 2019, 8:30 a.m., in Courtroom 4, United States Courthouse, Fresno, California; Hon. Lawrence J. O'Neil, presiding; so as to be heard with dispositive motions to be filed by the Frontier Defendants and Defendant ASU.

2. The parties further hereby stipulate pursuant to Local Rule 144(a), the time for the Frontier Defendants and ASU to respond to Plaintiffs' complaint shall be extended to May 30, 2019;

3. The parties further stipulate that Defendant Smith's reply memorandum shall be due on the same date as the reply memoranda of the Frontier Defendants and Defendant ASU; which date shall be the date prescribed by Local Rule 230(d).

4. All signatories hereto authorize counsel for the Frontier Defendants pursuant to Local Rule 131(e) to submit this stipulation on their behalf and to evidence their consent by using an/s/ signature.

ORDER

THE FOREGOING STIPULATION IS APPROVED AND SO ORDERED.

IT IS SO ORDERED.