JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING PRETRIAL DEADLINES

RICHARD SEEBORG, District Judge.

Pursuant to Local Rule 6-1 and 6-2, Plaintiff Kathie Sonner ("Plaintiff"), and Defendant Premier Nutrition Corporation ("Defendant"), through their respective counsel of record (collectively, "the Parties"), hereby stipulate and agree, subject to the Court's approval, as follows:

The Parties previously informed the Court that they agreed to renew settlement discussions with the Hon. Carl J. West (Ret.) at JAMS. (See Dkt. 71.) The Parties participated in mediation on April 9, 2015, but were not able to settle this action at this time. As a result, the next step is to complete expert discovery and then brief motions for summary judgment and class certification. The Parties have met and conferred, started to exchange potential dates for depositions of the six experts at issue, and have agreed on the proposed pretrial deadlines set forth below. This request is made in good faith because the availability of experts for deposition does not make it possible to meet the current June 9, 2015, expert discovery deadline, and the August 7, 2015, deadline to file opening memoranda in support of motions for summary judgment and class certification. (See Dkt. 72 (Order Extending Deadlines).)

If this request is granted it will be the fifth extension of case deadlines granted by the Court. The first extension was in connection with a stay of the case for an early mediation that proved unsuccessful, the second extension was requested because the parties were unable to schedule key party depositions prior to discovery deadlines, the third extension was in connection with Plaintiff's request to substitute the named plaintiff, and the fourth extension was in connection with the most recent mediation effort, which followed the parties' exchange of expert reports. If this extension is granted it will not affect any trial dates as no date has been set for trial.

Further, the Court has currently scheduled a case management conference for April 23, 2015. at 10:00 a.m. (See Dkt. 72.) The Parties have met and conferred and do not believe there is an urgent need for a CMC at this time. The Parties are working cooperatively to schedule expert depositions and have agreed on a proposed schedule to brief class certification and summary judgment. Accordingly, if the Court desires, the CMC set for April 23, 2015, may be taken off calendar.

NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the Parties, through their respective counsel and subject to the Court's approval, that:

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

[PROPOSED] ORDER

Having reviewed the above Stipulation and Proposed Order Continuing Pretrial Deadlines, IT IS HEREBY ORDERED that the Court finds that good cause exists for the entry of this Order.

IT IS SO ORDERED.