STIPULATION TO CONTINUE DISCOERY DEADLINES; PROPOSED ORDER

SAUNDRA BROWN ARMSTRONG, District Judge.

WHEREAS, this case was filed as a putative class action;

WHEREAS, Plaintiff filed his motion for class certification on October 2, 2012;

WHEREAS, on May 3, 2013, this Court denied Plaintiff's motion for class certification (Dkt. 108);

WHEREAS, pursuant to Rule 23(f) of the Federal Rules of Civil Procedure, on or before May 17, 2013, Plaintiff intends to file a petition for permission to appeal the Court's Order denying class certification, as well as a request to stay proceedings in this Court pending appeal;

WHEREAS Defendant expects to oppose Plaintiff's petition under Rule 23(f), and reserves any and all grounds for opposing same;

WHEREAS, the Court's Order Revising Pretrial Schedule and Continuing Trial Date (Dkt. 100) set modified dates and deadlines, including the following discovery deadlines which are at issue on this stipulation: a May 19, 2013 deadline for fact discovery; a May 19, 2013 deadline for Plaintiff and Defendant to designate experts; a June 2, 2013 deadline for the parties to designate rebuttal experts; and a June 30, 2013 deadline for expert discovery;

WHEREAS, in light of Plaintiff's anticipated petition for permission to appeal the Court's Order denying class certification, as well as a request to stay proceedings in this Court pending appeal, and in order to allow the Ninth Circuit time to rule on that petition before the parties are required to complete all fact and expert discovery, the parties have accordingly agreed, subject to court approval, to a brief continuance of the foregoing discovery deadlines.

IT IS HEREBY STIPULATED by the parties through their respective counsel as follows:

1. The deadline to complete fact discovery is continued to July 19, 2013;

2. The deadline for the parties to designate experts is continued to July 19, 2013;

3. The deadline for the parties to designate rebuttal experts is continued to July 29, 2013;

4. The deadline for completion of expert discovery is continued to August 15, 2013.

ORDER

Based on the foregoing Stipulation of the parties, and for good cause shown, IT IS SO ORDERED.