STIPULATION AND PROPOSED ORDER EXTENDING DEADLINES FOR PLAINTIFFS' OPPOSITION TO THE CITY'S MOTION TO DISMISS AND THE CITY'S REPLY AS MODIFIED

JEFFREY S. WHITE, District Judge.

Pursuant to Local Rule 6-2, the plaintiffs and defendant City of St. Helena, by and through their attorneys of record, hereby stipulate to a brief extension of the deadlines for Plaintiffs' Opposition to Defendant City of St. Helena's Motion to Dismiss, and the City's Reply to that Opposition. The parties seek an extension of seven days for Plaintiffs' Opposition, and an extension of three days for the City's Reply. The new deadline for Plaintiffs' Opposition would be March 12, 2013. The new deadline for the City's reply to that Opposition would be March 22, 2013. The hearing is scheduled for March 29, 2013. The motion at issue, and the extensions sought by way of this stipulation, do not affect the other defendants in this case, Grazia, Corrado, and Salvatore Barbarino.

There is good cause to extend the deadlines as requested.

First, this application is based on the stipulation of counsel.

Second, plaintiffs require additional time to brief their Opposition to the Motion, which was filed at 4:59 pm on February 19, 2013. Since then, Plaintiffs have worked diligently to research and brief the issues raised in the Motion, but require additional time to complete the Opposition.

Third, the City is willing to grant Plaintiffs the professional courtesy of a week-long extension of the deadline to file their Opposition to the City's Motion to Dismiss. However, in order to accommodate a long-scheduled vacation that will limit the City's availability to prepare the Reply between March 12 and March 19, should Plaintiffs' extension be granted, Plaintiffs and the City agree that the City requires an additional three days to complete its Reply.

Fourth, the requested extensions will not necessitate any changes to the Court's calendar, and they will not delay any proceedings in this case. If the Court grants this request, the reply brief will be filed on or before March 22, 2013 — with a full week remaining before the hearing on March 29, 2013.

For the foregoing reasons, the plaintiffs and defendant City of St. Helena hereby request that the Court extend the deadline for Plaintiffs' Opposition to the City's Motion to Dismiss by seven days — to March 12, 2013 — and extend the deadline for Defendant's Reply to March 22, 2013.

IT IS SO STIPULATED.

PROPOSED ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.