STIPULATION TO CONTINUE DISCOVERY 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 May 17, 2013, Plaintiff filed 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 ("Rule 23(f) Petition");

WHEREAS, on May 31, 2013, Defendant filed an opposition to Plaintiff's Rule 23(f) Petition;

WHEREAS, the Ninth Circuit has not yet ruled on Plaintiff's Rule 23(f) Petition;

WHEREAS, the Court's Order granting the parties' Stipulation to Continue Discovery Deadlines (Dkt. 109) set modified dates and deadlines, including the following discovery deadlines which are at issue on this stipulation: a July 19, 2013 deadline for fact discovery; a July 19, 2013 deadline for Plaintiff and Defendant to designate experts; a July 29, 2013 deadline for the parties to designate rebuttal experts; and a August 15, 2013 deadline for expert discovery;

WHEREAS, in light of Plaintiff's Rule 23(f) Petition, 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 further 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 August 2, 2013;

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

3. The deadline for the parties to designate rebuttal experts is continued to August 12, 2013;

4. The deadline for completion of expert discovery is continued to August 29, 2013.

ORDER

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