STIPULATED REQUEST AND [PROPOSED] ORDER MODIFYING CASE MANAGEMENT SCHEDULE

SUSAN ILLSTON, District Judge.

The undersigned counsel, on behalf of Plaintiffs Charles Ridgeway, Jaime Famoso, Joshua Harold, Richard Byers, Dan Thatcher, Nino Pagtama, Willie Franklin, Tim Opitz, Farris Day, Karl Merhoff, and Micheal Krohn ("Plaintiffs") and Defendant Wal-Mart Stores, Inc. ("Wal-Mart," and collectively, with Plaintiffs, the "Parties"), hereby stipulate as follows:

RECITALS

WHEREAS the Court has set pre-trial deadlines in its Second Pretrial Preparation Order (Dkt. No. 213) and had previously set deadlines in its Pretrial Preparation Order (Dkt. No. 174);

WHEREAS the parties have worked diligently to resolve discovery and deposition issues in the timing provided by that Order;

WHEREAS Plaintiffs' counsel are currently in the midst of a three month class action trial in another lawsuit that will affect the parties' ability to complete agreed upon discovery and depositions as scheduled, particularly given the time constraints of the coming retail blackout holiday period where many Wal-Mart employees will be unavailable because of business constraints; and

WHEREAS the parties believe they have identified the remaining discovery to be completed and believe the new deadlines will allow an orderly completion of the same.

STIPULATION

Accordingly, the parties now jointly stipulate and respectfully request that this Court order the following changes to the existing schedule:

Pursuant to Local Rule 6-2(a), the declarations of Daniel M. Kopfman and Jesse A. Cripps in support of this stipulation are filed herewith.

[PROPOSED] ORDER

Pursuant to the above stipulation, the Stipulation and Order regarding the case management schedule is approved.

DECLARATION OF DANIEL M. KOPFMAN IN SUPPORT OF STIPULATED REQUEST AND [PROPOSED] ORDER MODIFYING CASE MANAGEMENT SCHEDULE

I, Daniel M. Kofman, declare and state as follows:

2. The parties had previously sought an extension of the deadlines entered in the Court's Pretrial Preparation Order (Dkt. No. 174). The Court then entered its Second Pretrial Preparation Order (Dkt. No. 213).

3. The parties have worked diligently to resolve discovery and depositions issues. The parties have engaged in substantial written discovery and are in the process of scheduling depositions.

4. My firm is lead counsel in the trial of Cortina et al. v. North American Title Company and North American Services LLC, Case No. 07 CE CG 01169 JH, a class action in Fresno County Superior Court, which began on September 21, 2015, and is anticipated to last approximately three months. The demands of trial on my firm's resources and personnel will affect the parties' ability to complete agreed upon discovery and depositions as scheduled.

I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.

Executed on this 28th day of September, 2015, at Fresno, California.

DECLARATION OF JESSE A. CRIPPS IN SUPPORT OF STIPULATED REQUEST AND [PROPOSED] ORDER MODIFYING CASE MANAGEMENT SCHEDULE

I, Jesse A. Cripps, declare and state as follows:

1. I am a partner in the law firm of Gibson, Dunn & Crutcher. I am counsel of record for Defendant Wal-Mart Stores, Inc. ("Wal-Mart") in this action. I submit this Declaration in support of the parties' joint Stipulated Request and [Proposed] Order Modifying Case Management Schedule. I have personal knowledge of the facts set forth below.

2. The parties' ability to complete agreed upon discovery and depositions as scheduled is affected given the time constraints of the coming retail blackout holiday period where many Wal-Mart employees will be unavailable because of business constraints.

I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.