STIPULATION AND [PROPOSED] ORDER CONTINUING THE OCTOBER 29, 2015 HEARING ON DEFENDANTS' MOTION TO DISMISS THE FIRST AMENDED COMPLAINT

JON S. TIGAR, District Judge.

WHEREAS, on May 21, 2015, Plaintiffs' filed their First Amended Class Action Complaint (Dkt. No. 55);

WHEREAS, on May 28, 2015, the parties filed a stipulation and proposed order providing for a briefing and hearing schedule that took into account scheduling conflicts of counsel, personal medical issues and planned summer vacations (Dkt. No. 57);

WHEREAS, that proposed briefing and hearing schedule provided for the hearing on Defendants' Motion To Dismiss The First Amended Complaint to be set for September 15, 2015 at 2:00 p.m.;

WHEREAS, on May 29, 2015 the Court so-ordered the proposed briefing and hearing schedule (Dkt. No. 58);

WHEREAS, on June 26, 2015, the Court, on its own motion, continued the hearing on Defendants' Motion To Dismiss the First Amended Complaint to October 1, 2015, due to a change in its availability;

WHEREAS, Defendants' counsel was unavailable on October 1, 2015, and, pursuant to the parties' stipulation, the Court continued the hearing to October 22;

WHEREAS, on September 29, the Court, on its own motion, rescheduled oral argument to October 29 (Dkt. No. 66);

WHEREAS, October 29 presents a conflict for counsel who will be arguing the motion for defendants, as he has a hearing scheduled in Alaska Superior Court in Anchorage and will be unable to return in time for this hearing date;

WHEREAS, the parties have met and conferred and reviewed the court's calendar as to its availability and the calendars of counsel and clients who must be at the hearing, and have agreed to propose to the Court the following potential hearing dates: November 10 or December 3.

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, SUBJECT TO APPROVAL BY THIS COURT, by the parties through their respective counsel of record, as follows:

1. The hearing on Defendants' motion to dismiss shall be re-set for [see above] at [ ].;

2. The parties have not previously continued the last noticed hearing date on Defendants' Motion To Dismiss the First Amended Complaint; and

3. The parties do not seek to continue this date for the purpose of delay. The proposed new date will not have an effect on any pre-trial and trial dates as the Court has yet to schedule these dates.

SO STIPULATED.

Certificate Pursuant to Local Rule 5-1(i)(3)

I, Gilbert R. Serota, am the ECF User whose identification and password are being used to file this Stipulation and [Proposed] Order Continuing The October 1, 2015 hearing on Defendants' Motion To Dismiss The First Amended Complaint To October 22, 2015. In compliance with Local Rule 5-1(i)(3), I hereby attest that counsel for defendants, Shawn A. Williams concurs in this filing.

ORDER

Based on the stipulation of the parties, and good cause appearing therefore, IT IS HEREBY ORDERED that the hearing on Defendants' Motion to Dismiss the First Amended Complaint shall be re-calendared for November 10, 2015 at 9:30AM.

PURSUANT TO STIPULATION, IT IS SO ORDERED.