AMENDED STIPULATION AND ORDER CONTINUING AUGUST 1, 2014 CASE MANAGEMENT CONFERENCE

EDWARD J. DAVILA, District Judge.

WHEREAS, a Case Management Conference is scheduled before the Court for August 1, 2014 at 10:00 a.m.;

WHEREAS, as set forth in the parties' stipulation filed on June 3, 2014, the parties reached a tentative agreement in principle to settle this action in late May 2014, subject to class notice and court approval;

WHEREAS, as set forth in the parties' July 25, 2014 Joint Case Management Statement, the parties had not yet finalized the terms of a settlement;

WHEREAS, on July 30, 2014, the parties agreed to submit the resolution of the outstanding terms of a settlement to a binding determination by their mediator (the Honorable Layn R. Phillips (Ret.));

WHEREAS, pursuant to Civil L.R. 6-2(a)(2), the following are previous time modifications in this action: (i) July 8, 2010 Order (J. Ware) extending the Celera Defendants' time to respond to the complaint until after the appointment of Lead Plaintiff (Dkt. No. 7); (ii) November 2, 2010 Order (J. Ware) continuing the case management conference from November 15, 2010 to March 7, 2011 (Dkt. No. 27); (iii) February 18, 2011 Clerk's Notice continuing the hearing on the Celera Defendants' motion to dismiss and the case management conference from March 7, 2011 until March 28, 2011 (Dkt. No. 36); (iv) March 24, 2011 Order (J. Ware) vacating the hearing on the Celera Defendants' motion to dismiss and continuing the case management conference, and also setting a schedule for the filing of, briefing of, and hearing on Lead Plaintiff's Second Amended Consolidated Complaint (Dkt. No. 40); (v) June 16, 2011 Order (J. Davila) setting a schedule for the filing of, briefing of, and hearing on Lead Plaintiff's Second Amended Consolidated Complaint (Dkt. No. 47); (vi) August 24, 2011 Clerk's Notice setting case management conference for December 2, 2011 (Dkt. No. 54); (vii) November 23, 2011 Order (J. Davila) continuing the case management conference scheduled for December 2, 2011 (Dkt. No. 61); (viii) September 14, 2012 Order (J. Davila) extending time for the Celera Defendants to answer or otherwise respond to the Second Amended Consolidated Complaint (Dkt. No. 67); (ix) October 5, 2012 Order (J. Davila) extending time for the Rule 26(f) Conference and for parties to file their Joint Case Management Statement and the case management conference to November 9, 2012 (Dkt. No. 71); (x) November 7, 2012 Order (J. Davila) extending the deadline for Lead Plaintiff to file a motion to strike the Celera Defendants' Answer, or portions thereof, to November 29, 2012 (Dkt. No. 77); (xi) December 17, 2012 Order (J. Davila) extending the deadline to amend the Celera Defendants' Answer without leave of Court to January 7, 2013 (Dkt. No. 80); (xii) January 7, 2013 Order (J. Davila) extending deadline to amend the Celera Defendants' Answer to January 29, 2013 (Dkt. No. 89); (xiii) April 3, 2013 Stipulation and Order to Modify Case Management Order (Dkt. No. 92); (xiv) September 24, 2013 Stipulation and Order to Modify Case Management Order (Dkt. No. 109); (xv) Stipulation and Order Re Briefing Schedule for Class Certification Motion and Celera Defendants' Answer to Third Amended Complaint (Dkt. No. 121); and (xvi) March 18, 2014 Order (J. Davila) Granting Stipulation to Amend September 23, 2013 Case Management Order (Dkt. No. 148).

IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned parties, that the Case Management Conference scheduled before the Court for August 1, 2014, be continued to September 5, 2014 at 10:00 a.m., or a date convenient for the Court thereafter, in the event the parties are not able to submit a stipulation of settlement to the Court before that date.

ORDER

IT IS SO ORDERED. The parties shall file a joint Case Management Conference Statement on or before August 29, 2014.