STIPULATION AND [PROPOSED] ORDER RE-SETTING HEARING ON DEFENDANT PEPSICO, INC.'S MOTION TO DISMISS PLAINTIFFS' CONSOLIDATED AMENDED COMPLAINT FROM FEBRUARY 12, 2015 TO FEBRUARY 19, 2015

EDWARD M. CHEN, District Judge.

WHEREAS, on August 25, 2014, Plaintiffs filed their Consolidated Amended Complaint;

WHEREAS, on October 24, 2014, Defendant PepsiCo, Inc. filed its Motion to Dismiss Plaintiffs' Consolidated Amended Complaint;

WHEREAS, the parties previously stipulated, and the Court ordered, that the hearing on Defendant's Motion to Dismiss be re-set from January 29, 2015 to February 12, 2015 to accommodate a scheduling conflict for certain defense counsel (Dkt. No. 91);

WHEREAS, due to a new scheduling conflict for certain Plaintiffs' counsel, the parties have agreed to seek to re-set the hearing on Defendant's Motion to Dismiss from February 12, 2015 to February 19, 2015;

WHEREAS, this stipulation will not alter the date of any other event or deadline already fixed by the Court or the parties;

NOW THEREFORE, the parties stipulate that, subject to Court approval, the hearing on Defendant's Motion to Dismiss shall be re-set to February 19, 2015 at 1:30 p.m., or as soon thereafter as the Court may order.

IT IS SO STIPULATED.

ATTESTATION

Pursuant to Civil Local Rule 5-1, I, Daniel L. Warshaw, attest that all signatories listed, and on whose behalf the filing is submitted, concur in the filing's content and have authorized the filing.

ORDER

Having considered the parties' stipulation, the Court hereby orders that the hearing on Defendant PepsiCo, Inc.'s Motion to Dismiss Plaintiffs' Consolidated Amended Complaint is re-set to February 19, 2015 at 1:30 p.m. The previously scheduling hearing date of February 12, 2015 for Defendant's Motion to Dismiss is vacated.

IT IS SO ORDERED.