STIPULATION TO EXTEND TIME FOR BRIEFING ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

JON S. TIGAR, District Judge.

The undersigned counsel of record of the respective parties in the above-entitled action hereby stipulate pursuant to Civil Local Rule 6-1 as follows:

1. On July 2, 2014, Plaintiff filed a motion for summary judgment with an August 7, 2014 hearing date (Dkt. No. 83).

2. On July 3, 2014, by Clerk's Notice, the Court continued the hearing date of the motion for summary judgment to September 4, 2014.

3. Pursuant to Civil Local Rule 7-3, Defendant's opposition to the pending motion for summary judgment is currently due not later than July 16, 2014, and Plaintiff's reply in support of the motion is currently due July 23, 2014.

4. Defendant has recently retained new counsel — Foley Hoag LLP — to act as its lead trial counsel in this case. Defendant's new counsel will prepare its opposition to the pending motion for summary judgment and may also file a cross-motion for summary judgment on behalf of Defendant.

5. Given the time required for Defendant's new counsel to become familiar with the proceedings and evidence in this matter, Defendant and Plaintiff agreed that Defendant could have an extension of time until August 7 to file its opposition to the pending motion for summary judgment and Plaintiff could have an extension of time until August 21 to file his reply in support of the pending motion for summary judgment. The parties agreed to make no change to the current hearing date of September 4, 2014.

6. If Defendant files a cross-motion for summary judgment, the parties have agreed that Defendant's moving papers would be filed not later than August 7, 2014; Plaintiff's opposition to the cross-motion (and supporting papers) would be filed not later than August 21, 2014; and Defendant's reply in support of the cross-motion would be filed not later than August 28, 2014. The hearing on the cross-motion for summary judgment, if one is filed, would be September 4, 2014.

7. No other time modifications have been requested regarding this motion. The parties previously filed stipulations to extend the briefing schedule and continue the hearing on Defendant's motion to dismiss Plaintiff's first amended complaint (ECF Nos. 30 & 32).

8. The parties agree that there will be no prejudice to either party as a result of this action and that the time modification requested in this stipulation should have no effect on the schedule for this case beyond the briefing dates noted above.

PROPOSED ORDER

Based on the parties' stipulation and for good cause shown, IT IS HEREBY ORDERED as follows:

The Court will GRANT the parties an amended briefing schedule for the hearing on Plaintiff's Motion for Summary Judgment. Opposition papers, if any, shall be filed not later than August 7, 2014. Reply papers, if any, shall be filed not later than August 21, 2014. The hearing shall remain on September 4, 2014 at 2:00 p.m.

In the event Defendant files a cross-motion for summary judgment, Defendant's moving papers shall be filed not later than July 31, 2014; Plaintiff's opposition to the cross-motion (and supporting papers) shall be filed not later than August 14, 2014; and Defendant's reply in support of the cross-motion shall be filed not than August 21, 2014. If Defendant files a cross-motion for summary judgment, it will be heard on September 4, 2014 at 2:00 p.m.

IT IS SO ORDERED.