STIPULATION REGARDING BRIEFING; PROPOSED ORDER THEREON

RICHARD SEEBORG, Magistrate Judge.

WHEREAS, on December 2, 2013, counsel for the parties filed a Joint Case Management Statement in advance of a Case Management Conference that the Court had set for December 9, 2013;

WHEREAS, the Joint Case Management Statement stated that Plaintiffs intended to file a motion to enforce the class action settlement agreement in this action in advance of the December 9, 2013 Case Management Conference;

WHEREAS, Plaintiffs served a Motion to Enforce Settlement Agreement on December 5, 2013 and filed that Motion on December 11, 2013, setting the hearing on the Motion for January 9, 2013 (Dkt. 593-594);

WHEREAS, on December 6, 2013, counsel for Defendant Wells Fargo Bank N.A. ("Wells Fargo") asked Lead Class Counsel to agree to continue the Case Management Conference scheduled for December 9, 2013 because one of the attorneys for Wells Fargo who was due to attend the conference had a family emergency;

WHEREAS, in response to the request made by counsel for Wells Fargo, Lead Counsel agreed to a stipulation whereby the Case Management Conference would be adjourned to January 14, 2013, which was the earliest date on which counsel for the parties and the Court were available (Dkt. 557);

WHEREAS, on December 6, 2013, the Court continued the Case Management Conference to January 14, 2013 (Dkt. 588);

WHEREAS, on December 12, 2013, the Court entered an order vacating the January 9, 2013 hearing of the Motion to Enforce Settlement Agreement, stating "[s]cheduling of that hearing will be discussed at the Case Management Conference on January 14, 2013." (Dkt. 595);

WHEREAS, Wells Fargo's opposition to the Motion to Enforce Settlement Agreement is due on December 26, 2013 under Local Rule 7-3(a), as briefing schedules run from the motion's filing date, not the hearing date;

WHEREAS, counsel for Wells Fargo has asked Lead Class Counsel to agree that Wells Fargo need not oppose the Motion to Enforce Settlement Agreement until after the Case Management Conference on January 14, 2013, subject to Wells Fargo reserving its rights to argue that Plaintiff's motion is not the proper procedure for enforcing the class action settlement agreement;

WHEREAS, although Plaintiffs believe that their motion is the procedure previously envisioned by Judges Fogel and Illston and that any further delays are unnecessary, in order to avoid unnecessary motion practice and in view of the December holidays, Plaintiffs have agreed to Wells Fargo's request;

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, between Plaintiffs, by their undersigned counsel, and Wells Fargo, by its undersigned counsel, that, subject to the approval of this Court, no opposition to Plaintiffs' Motion to Enforce Settlement Agreement shall be due until after the January 14, 2013 Case Management Conference, as determined by the Court at that conference.

ORDER

Pursuant to the stipulated request of the parties, IT IS HEREBY ORDERED that no opposition to Plaintiffs' Motion to Enforce Settlement Agreement shall be due until after the January 14, 2013 Case Management Conference. Any briefing schedule will be determined by the Court at that conference.

IT IS SO ORDERED.