STIPULATION AND [PROPOSED] ORDER TO CONTINUE CMC AND TO ESTABLISH FEES FILING DEADLINE

SAMUEL CONTI, District Judge.

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 January 16, 2015 at 10 a.m. to March 6, 2015, at 10 a.m., and to establish a deadline of 30 days following the conclusion of the Settlement Conference proceeding(s) in this case for the filing of any attorneys fees motions.

As set forth in paragraph 16 of the Joint Case Management Statement (Doc. 55) filed on January 31, 2014, "Whether an attorneys fees motion need be filed will not be determined until after the conclusion of the ADR [proceedings]. Consequently, the parties propose that the filing of any attorneys fees motion be scheduled to occur no later than 30 days after the conclusion of any ADR [proceedings]."

The Parties have engaged in substantive discussions regarding settlement of the attorney fee issue in this matter. Counsel for both parties have agreed upon a settlement figure that must be approved by the Hayward City Council in order to be finalized. The matter will be presented to the City Council in closed session during a regularly scheduled meeting in January. In the event that the settlement is not approved by the City Council, the Parties are still scheduled to participate in a Settlement Conference with Magistrate Judge Beeler on February 24, 2015.

Based on the current status of the case, the parties mutually agree that holding the currently scheduled Case Management Conference at this stage would be premature and request that the Court: (1) reschedule the Case Management Conference to March 6, 2015; (2) order that any fees motions be filed within 30 days after the conclusion of any ADR or Settlement Conference proceedings addressing the issue of attorneys' fees; and (3) further order that, any party seeking attorneys fees shall file, within 5 days of the conclusion of such ADR or Settlement Conference proceedings, a Supplemental Status Report, notifying the court of the conclusion of such proceedings.

[PROPOSED] ORDER

(1) The Case Management Conference presently set for January 16, 2015 in this case is continued to March 6, 2015 at 10:00 a.m.;

(2) Any fees motions shall be filed within 30 days following the conclusion of any ADR or Settlement Conference proceedings; and

(3) Any party seeking attorneys fees shall file, within 5 days of the conclusion of such ADR or Settlement Conference proceedings, a Supplemental Status Report, notifying the court of the conclusion of such proceedings.