STIPULATION AND [PROPOSED] ORDER TO CONTINUE DATE OF CMC

SAMUEL CONTI, District Judge.

COME NOW PLAINTIFF IBIZ AND DEFENDANT CITY AND STIPULATE AS FOLLOWS:

Pursuant to Local Rule 16-10(c), Plaintiff IBIZ, LLC ("Plaintiff" or "IBIZ") and Defendant the City of Hayward ("Defendant" or the "City") hereby submit this Stipulation and [Proposed] Order to continue the Case Management Conference presently set in this Court for April 18, 2014 at 10 a.m. to June 13, 2014, at 10 a.m., and to refer the parties to a settlement conference before a United States Magistrate Judge to be held approximately 150 days from the date of the Court's order for the purpose of resolving the parties' attorney fee dispute.

As the Court is aware, the merits of this case are now moot and the only outstanding issue to be resolved relates to Plaintiff I Biz's entitlement to attorney fees pursuant to 42 U.S.C. §1988. (Doc. 55). The parties participated in an ADR teleconference with the Court's ADR staff on April 10, 2014 during which the parties indicated that they would work diligently and in good faith to resolve the attorney fee issue informally so that Court resources would not be unnecessarily expended to resolve the issue. ADR staff proposed that, in order to allow the parties sufficient time to engage in good faith negotiations regarding the attorney fee matter, a recommendation would be made to this Court to refer the matter for a settlement conference to be held before a Magistrate Judge approximately 150 days from the date of the teleconference in the event the parties are unsuccessful in resolving the fee dispute informally. The parties are agreeable to that arrangement.

STIPULATION

Subject to the approval of the Court, the parties, by and through their counsel of record, HEREBY STIPULATE as follows:

[PROPOSED] ORDER

Based on the stipulation of the parties, and good cause appearing therefore, the Court enters the following orders:

IT IS SO ORDERED AS MODIFIED