STIPULATION RE: CONTINUANCE OF LITIGATION ACTIVITIES, INCLUDING NOTICE OF CONDITIONAL CERTIFICATION OF COLLECTIVE ACTION, PENDING ANTICIPATED SETTLEMENT AND MOTION FOR COURT APPROVAL OF SAME

[PROPOSED] ORDER

JON S. TIGAR, District Judge.

Plaintiffs CHRISTOPHER OTEY and MARY GRETH ("Plaintiffs") and Defendants CROWDFLOWER, INC., LUKAS BIEWALD and CHRIS VAN PELT ("Defendants"), by and through their respective counsel, hereby enter into the following Stipulation Regarding Continuance of Litigation Activities Pending Anticipated Settlement and Motion for Court Approval of Same. Specifically, by and through this Stipulation, the parties request that the Court grant the parties leave to continue all litigation activities, including responses to pending discovery requests and service/posting of notice of conditional certification of collective action, for an additional thirty days (from October 31, 2013) to allow the parties to continue to work toward a final settlement of the instant action in the wake of the parties' mediation which occurred October 18-19, 2013.

STIPULATION

1. The original Complaint in this action was filed on October 26, 2012 against Defendants CrowdFlower, Inc., Lukas Biewald and Chris Van Pelt.

2. No case management conference has yet occurred and the Court has not yet issued any scheduling order.

3. The initial case management conference is scheduled for 2:00 p.m. on December 11, 2013.

4. The parties participated in mediation on October 18-19, 2013. In anticipation of mediation, the parties sought and the Court granted a stay, pending mediation, up to and including October 31, 2013. (Doc. No. 177).

5. Based on the mediation and subsequent settlement discussions, counsel for the parties believe that finalizing a settlement of this action is likely. However, given the complex nature of this putative collective and class action, additional time is needed by the parties to try to finalize all of the terms of a settlement agreement. The parties desire to focus their efforts on reaching a final settlement rather than devoting time, effort and expense to engaging in litigation activities.

6. The parties therefore seek a continuance of all litigation activities, including all activities associated with discovery and providing notice of conditional certification of a collective action (e.g., posting and servicing notice), for an additional thirty days, up through and including November 30, 2013. The parties further seek an automatic extension of the continuance, in the event that the parties finalize a proposed settlement and file a motion for Court approval of same prior to November 30, 2013, until such time as the Court rules on that motion.

7. The continuance sought will help facilitate settlement.

8. If settlement is not achieved, the continuance sought will not materially delay or alter the progress of this litigation.

WHEREFORE, the parties mutually request that the Court enter the proposed Order below, thereby continuing the deadlines for all litigation activities, including responding to pending discovery requests and serving/posting notice of conditional certification of collective action, up to and including November 30, 2013 or, if a motion for Court approval of settlement is filed prior to that time, until such time as the Court rules on said motion.

PROPOSED ORDER

Good cause appearing therefore, the foregoing Stipulation Re: Continuance of Litigation Activates Pending Anticipated Settlement and Motion for Court Approval of Same ("Stipulation") is hereby approved and it is hereby ORDERED that:

All litigation activities, including responses to pending discovery requests and service/posting of notice of conditional certification of collective action, are continued up to and including November 30, 2013. It is further order that in the event that the parties reach a final settlement and file a motion for Court approval of same on or before November 30, 2013, this continuance shall be automatically extended until such time as the Court rules on the motion.

PURSUANT TO STIPUATION, IT IS SO ORDERED.