STIPULATION AND [PROPOSED] ORDER FOR:

1. EXTENSION OF TIME FOR DEFENDANTS TO FILE RESPONSIVE PLEADINGS TO COMPLAINTS; AND

2. TO PROCEED TO MEDIATION

RICHARD SEEBORG, District Judge.

Pursuant to Local Rule 6-1(b) and 6-2 of the Local Rules for the Northern District of California, IT IS HEREBY STIPULATED by plaintiffs AUTOMOTIVE INDUSTRIES PENSION TRUST FUND, JAMES H. BENO, Trustee, BILL BRUNELLI, Trustee, STEPHEN J. MACK, Trustee, JOSE SANTANA, Trustee, DON CROSATTO, Trustee, MARK HOLLIBUSH, Trustee, DOUGLAS CORNFORD, Trustee, JON ROSSELLE, Trustee, and JAMES V. CANTERBURY, Trustee (collectively "Plaintiffs") and defendants SCIARRONI AUTO BODY, INC. a California corporation, JIM R. SCIARRONI, Individually and in his capacity as Trustee of JIM R. and ELAINE SCIARRONI REVOCABLE LIVING TRUST dated August 25, 1999, as amended, and ELAINE M. SCIARRONI, Individually and in the capacity of Trustee of JIM R. & ELAINE SCIARRONI REVOCABLE LIVING TRUST dated August 25, 1999, as amended, (collectively, "Defendants"), by and through their counsel, stipulate as follows:

RECITALS

WHEREAS, Plaintiffs filed two complaints on November 3, 2013, case numbers CV-13-5208-JCS and CV-13-5210-MEJ;

WHEREAS, on November 18, 2013, the Court, upon Plaintiffs' request to relate the complaints, ordered them related and reassigned to Hon. Joseph C. Spero;

WHEREAS, on December 3, 2013, Defendants filed a Declination to Proceed Before a Magistrate Judge and Request for Reassignment to a United States District Judge;

WHEREAS, on December 5, 2013, the related cases were reassigned to Hon. Richard Seeborg under the case names CV 13-05208 RS and CV 13-05210 RS;

WHEREAS, as of December 5, 2013, the Case Management Conference was moved from February 7, 2014 to February 13, 2014 as a result of the Order for Reassignment;

WHEREAS, to allow the Parties to proceed to mediation, the Parties agree to extend the deadline for Defendants' responsive pleadings, but such agreement does not preclude an earlier response;

WHEREAS, the Parties agree to complete mediation within 90 days of date of the entry of this Order on Stipulation;

WHEREAS, the Parties request the Court continue the Case Management Conference, currently set for February 13, 2014, until a later date as convenient with the Court;

WHEREAS, the Parties agree to advise the Court of the results of mediation to allow the Court to set a Case Management Conference, if needed;

WHEREAS, any non-settling Defendants, in whole or in part, will file a response, if not yet filed, to the Complaints 20 days after completion of the mediation.

STIPULATION

The Parties stipulate as follows:

ORDER

Pursuant to the above Stipulation, IT IS HEREBY ORDERED as follows:

IT IS SO ORDERED.