STIPULATION AND [PROPOSED] ORDER CONTINUING THE CASE MANAGEMENT CONFERENCE AS MODIFIED BY THE COURT

BETH LABSON FREEMAN, District Judge.

The parties herein hereby stipulate to the following, and also stipulate that the Court may rely upon this Stipulation in the management of this lawsuit and enter an order based on this Stipulation.

WHEREAS, the plaintiff, Joseph Cuviello (hereinafter "Plaintiff"), filed the Complaint in this matter on October 24, 2013. On February 28, 2014, all defendants filed motions to dismiss and/or strike the complaint. The motions were noticed for the Court's first available date for hearing, on July 25, 2014 at 10:00 a.m.

The Court had previously scheduled a Case Management Conference for April 18, 2014. Due to the fact that the motions to dismiss and/or strike would not be heard until July of 2014, the parties believed that holding a Case Management Conference prior to the Court's ruling on the motions was premature, as the parties recognized that the pending motions seek the dismissal of all claims asserted. Accordingly, the parties stipulated to the necessity of continuing the Case Management Conference and associated deadlines, to August 22, 2014. Thereafter, the Court entered an Order consistent with the parties' stipulation. As of the filing of this Stipulation, both motions to dismiss and/or strike have now been fully briefed by all parties.

On June 6, 2014, the Honorable Edward J. Davila filed an Order of Recusal, recusing himself from this case. On the same day, this case was reassigned by Order to the Honorable Beth Labson Freeman. On June 10, 2014, the Court set a Case Management Conference for July 10, 2014 at 1:30 p.m.

Following this reassignment, and pursuant to the Court's Order, the defendants will soon re-notice their motions to dismiss and/or strike for the Court's and parties' first available date for hearing, on September 4, 2014 at 9:00 a.m. Notably, this hearing date is nearly two months after the Case Management Conference currently set for July 10, 2014. The parties again maintain that holding a Case Management Conference at this stage will be premature and contrary to judicial economy, as the parties recognize that the pending motions seek to dismiss and/or strike all of the claims asserted in Plaintiff's suit.

In light of these circumstances, and in anticipation of the Court ruling on the pending motions in early September 2014, the parties again stipulate to the necessity of continuing the currently scheduled Case Management Conference and all associated deadlines. The parties stipulate to continuing the Initial Case Management Conference October 2, 2014, to at 1:30 p.m. in Courtroom 3, 5th Floor, San Jose. The parties further stipulate and request that all other deadlines be continued accordingly.

It is so agreed that the Court may enter an order based on this Stipulation.

PURSUANT TO STIPULATION, IT IS SO ORDERED.