STIPULATION TO CONTINUE DEADLINE FOR SUBMISSION OF JOINT SUPPLEMENTAL BRIEF

EDWARD M. CHEN, District Judge.

TO THE COURT:

Plaintiffs PETER WRIGHT and MICHELLE TRAME ("Plaintiffs") and Defendants ADVENTURES ROLLING CROSS COUNTRY, INC., and SCOTT VON ESCHEN ("Defendants"), by and through their respective counsel of record, herein agree and stipulate as follows:

RECITALS

1. The Court has previously ordered that the parties meet and confer and file a joint supplemental brief regarding the proposed class notice and consent form by July 15, 2013 and then July 26, 2013 (ECF Doc. 134);

2. The Court granted the parties an extension to July 19, 2013 and then subsequently to July 26, 2013 to file a joint supplemental brief and a proposed class notice because the parties advised the court that they were actively engaged in settlement discussions (See Court Orders at ECF 136, ECF 138);

3. The parties have remained thoroughly engaged in advanced and meaningful settlement discussions, which have continued with direct communication nearly daily and has included exchanges of proposed final deal term sheets as recently as July 18 and July 24, 2013;

4. The parties' settlement negotiations have also involved third-party banks and bankruptcy counsel, and as such are more complex and lengthier than merely bilateral talks. A draft Memorandum of Understanding is being prepared, and a conference call is set for Monday, July 29, to continue, and hopefully complete, the negotiations;

5. Once the parties conclude these discussions, the contents of the proposed notice to class members will be able to be completed, and if an agreement is reached, the joint or unopposed Motion for Preliminary Approval will be scheduled for hearing as soon as possible, hopefully with less than the 35 days' time needed to notice a contested motion;

6. In view of these continued settlement developments, the parties respectfully request a brief additional extension of time to meet and confer regarding contents of the proposed class notice and consent form and to file a joint supplemental brief, if the matter does not resolve, or to notify the Court of a settlement and seek approval, if it does.

STIPULATION

NOW, THEREFORE, based upon the foregoing statements, Plaintiffs and Defendants hereby agree and stipulate as follows, subject to Court approval, that the deadline to file a joint supplemental brief regarding the proposed class notice and consent form, if the matter does not settle, be continued to August 5, 2013. If the matter does settle, the parties will notify the Court of a settlement by that date, finalize settlement documents amongst themselves, and file a preliminary approval motion not later than August 16, 2013.

IT IS SO STIPULATED.

[PROPOSED] ORDER

Pursuant to the parties' Joint Stipulation, it is so ordered that the deadline for the Parties to file a joint supplemental brief regarding the proposed class notice and consent form be extended to August 5, 2013, if the matter does not settle, and if the matter does settle, that the parties will notify the Court of a settlement by that date and file a preliminary approval motion not later than August 16, 2013.