STIPULATION RE REVISED JOINT PROPOSED SCHEDULE FOR CLASS CERTIFICATION AND ORDER AS MODIFIED (THIRD REVISION) BY THE COURT

RICHARD SEEBORG, District Judge.

Pursuant to Civil Local Rule 6-2, the parties respectfully submit this Stipulation re Revised Joint Proposed Briefing Schedule for Class Certification in this action which modifies, in part, the Court's previous Order re Joint Briefing Schedule for Class Certification (Doc. 68).

As set forth in the accompanying Declaration of Stephen Gardner, the plaintiffs filed papers associated with their Motion for Class Certification on October 16, 2012. In connection with Safeway Inc.'s ("Safeway") opposition to this motion, the parties have encountered certain discovery issues which they now agree compels them to seek a stipulation requesting an extension of the remaining briefing schedule and rescheduling of this Court's hearing date re class certification.

First, on October 22, 2012, Safeway served written discovery concerning class certification on the two proposed class representatives. Safeway had previously propounded written discovery earlier this year, however, that set was placed on hold pending the parties' mediation efforts and settlement discussions. Plaintiffs have attempted to expedite their responses to both sets of written discovery but continue to work on finalizing their responses and objections.

Second, Plaintiff Dee Hensley-Maclean, a resident of Montana and one of the two proposed class representatives, is the primary caregiver for her mother who is currently recovering from an illness. Although Plaintiff Hensley-Maclean initially believed herself to be available in January 2013, another close family member's serious illness prevented her from being available for deposition in January 2013. Plaintiffs' counsel expects that Ms. Hensley-Maclean may be available for deposition in February or March 2013.

Accordingly, the parties stipulate and request that this Court grant an extension of two months on the remaining filing dates relating to the motion for class certification, and reschedule the hearing on class certification accordingly, as follows:

1. Class Certification Filings. Defendant's opposition brief shall be filed no later than April 1, 2013. Plaintiffs' reply brief shall be filed no later than May 16, 2013. After the Court rules on class certification, the parties will submit proposed dates for merits discovery, dispositive motions, and trial.

2. Hearing on Class Certification. Hearing on the class certification motion will be set for June 13, 2013 at 1:30 p.m.

3. Experts and Discovery. As required by Fed. R. Civ. P. 26(a)(2), reports from experts retained relating to class certification are due from defendant Safeway by April 1, 2013. Reports from rebuttal experts retained relating to class certification are due by May 16, 2013.

PURSUANT TO STIPULATION IT IS SO ORDERED: