STIPULATION TO CONTINUE ADR DEADLINE; [PROPOSED] ORDER

MARIA-ELENA JAMES, Magistrate Judge.

Pursuant to Local Civil Rules 6-1 and 6-2, defendant Tom J. Vilsack, Secretary of the United States Department of Agriculture ("Defendant") and plaintiff Michael A. Villalobos ("Plaintiff"), by and through their respective counsel, hereby jointly and respectfully request that the Court continue the Alternative Dispute Resolution ("ADR") deadline in this matter for at least ninety days. In accordance with Local Civil Rule 6-2(a), this stipulation is supported by the Declaration of Ann Marie Reding and a proposed order, which are filed herewith. The parties stipulate as follows:

1. On January 6, 2012, Plaintiff, then pro se, filed his Complaint in this case. See Docket No. 1. On May 12, 2012, Defendant filed an answer to Plaintiff's Complaint. See

2. On July 26, 2012, the Court referred this case to mediation with the deadline to be measured out ninety days after Defendant filed an answer to Plaintiff's anticipated amended complaint. See Docket No. 34. On July 31, 2012, Plaintiff, then represented by counsel, filed a First Amended Complaint. See Docket No. 35.

3. On October 15, 2012, and after briefing and a subsequent order granting, in part, Defendant's motion to dismiss, Defendant filed an answer to Plaintiff's First Amended Complaint. See Docket Nos. 37-42.

4. Based the Court's July 26, 2012 notice, the deadline for the parties to mediate this case is ninety days from Defendant's answer, or January 13, 2012. See Declaration of Ann Marie Reding ("Reding Decl."), ¶ 5.

5. Although the parties agreed to attend a mediation with Martin Dodd on January 10, 2013, after an exchange of limited discovery and Plaintiff's deposition, the parties realized this case is not yet ripe for mediation. In order to better facilitate settlement discussion, the parties would like to engage in further discovery. See Reding Decl., ¶ 6.

6. On January 7, 2013 the parties agreed to file this stipulation with the Court and notify the mediator of their need for additional time to conduct discovery. The parties agreed to contact the mediator after further discovery to evaluate whether the case will be more suitable for settlement negotiations at that time. See id. at ¶ 7.

7. No prior extensions of time have been requested or granted. See id. at ¶ 8.

8. The requested time modification will not impact any other deadline imposed by Court. See id. at ¶ 9.

9. In light of the foregoing, the parties request that the Court continue the last day to mediate this case until April 30, 2013.

PROPOSED ORDER

Plaintiff and Defendant's Stipulated Request to Continue the ADR deadline is hereby GRANTED. The last day to mediate this case is continued until April 30, 2013.