JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

VINCE CHHABRIA, District Judge.

Pursuant to Civil Local Rules 6-2 and 7-12 and this Court's Standing Order, Defendants the Food and Drug Administration and the Honorable Margaret Hamburg, M.D., its Commissioner; the Agriculture Marketing Service and the Honorable David R. Shipman, its Administrator; the Food Safety Inspection Service and the Honorable Alfred V. Almanza, its Administrator; and the Federal Trade Commission and the Honorable Edith Ramirez, its Chairman (collectively, "Defendants"), along with Plaintiffs Compassion Over Killing, Animal Legal Defense Fund, Elizabeth Barrett, Andrea Bock, Linda Calbreath, Jason Canada, Jeri Opalk, and Humberto Retana (collectively, "Plaintiffs") by and through their counsel of record, hereby stipulate as follows:

1. On July 23, 2014, Plaintiffs filed their Motion for Summary Judgment (Doc. 35) and noticed a hearing for December 4, 2014 at 10:00 a.m. On August 27, 2014, Defendants filed a Cross-Motion for Summary Judgment (Doc. 40) and noticed the same hearing date.

2. Under the Court's Order setting a briefing schedule for cross-motions for summary judgment, Defendants' reply brief shall be filed on or before October 27, 2014. On or before November 14, 2014, the parties shall file a joint appendix, containing the portions of the administrative record relied on by either party.

3. Lead counsel for Defendants, Ann F. Entwistle, was recently granted the opportunity to attend professional training from December 2-4, 2014. Additionally, counsel for the Federal Trade Commission was ordered on October 1, 2014 to file an appellate brief with the Court of Appeals for the District of Columbia Circuit on December 10, 2014. This obligation would prevent her from travelling to California for the noticed hearing on December 4, 2014.

4. The parties met and conferred and agreed to a brief, one week extension of the hearing date on cross-motions for summary judgment.

5. The parties request that the Court continue the December 4 hearing date one week to December 11, 2014.

6. The parties have not requested any previous extensions or modifications of the dispositive motion briefing schedule entered by the Court on April 5, 2014. The parties previously requested and received a stay of the case to allow the Food and Drug Administration to review and respond to Plaintiffs' citizen petition, in order to significantly narrow and resolve some of the issues in this case.

7. The requested modification will have no effect on any other date in the schedule for the above-captioned case.

For all the foregoing reasons, the parties respectfully request that this Court continue the hearing on the parties' cross-motions for summary judgment one week, to December11, 2014.

[PROPOSED] ORDER

Having reviewed the parties' Joint Stipulation to Continue Hearing on Cross-Motions for Summary Judgment, and for good cause shown,

PURSUANT TO STIPULATION, IT IS SO ORDERED that the hearing on the parties cross-motions for summary judgment (Dkt. Nos. 35, 40), scheduled to take place on December 4, 2014, is hereby continued to December 11, 2014 at 10:00 a.m. in Courtroom 4 on the 17th floor of the United States District Court for the Northern District of California, located at 450 Golden Gate Avenue, San Francisco, California 94102.