JOINT STIPULATION AND [PROPOSED] SCHEDULING ORDER REGARDING PLAINTIFF'S ANTICIPATED MOTION FOR SANCTIONS

JON S. TIGAR, Magistrate Judge.

Plaintiff Michael Rodman, on behalf of himself and the certified Class ("Plaintiff"), and Defendant, Safeway Inc. ("Safeway") stipulate as follows:

WHEREAS, the Court entered final judgment (Dkt. No. 406) in favor of Plaintiff for breach of contract damages plus pre-judgment interest and against Safeway Inc. ("Safeway");

WHEREAS, Safeway filed a notice of appeal (Dkt. No. 408), which appeal is pending before the United States Court of Appeals for the Ninth Circuit;

WHEREAS, pursuant to an order dated February 18, 2016, Plaintiff's anticipated Motion for Sanctions is currently due to be filed on March 16, 2016 (Dkt. No. 425);

WHEREAS, on March 3, 2016, Safeway filed a Notice of Proposed Stipulated Facts (Dkt. No. 430) which, inter alia, reflected that after entry of the final judgment, Safeway and its new counsel Reed Smith LLP undertook an investigation and based on interviews with certain Safeway employees and review of a Safeway "website developer's archive," and Safeway has concluded that the Plaintiff Version of the terms and conditions, and not the Safeway Version, was linked to the customer registration page during much of the Relevant Period and was more likely than not to have been linked to the customer registration page during the entire Relevant Period (all capitalized terms are as defined in Dkt. No. 430);

WHEREAS, Plaintiff expects that additional claims arising out of Safeway's Notice of Proposed Facts will be added to his forthcoming motion for discovery sanctions;

WHEREAS, Plaintiff and Safeway have met and conferred, and Safeway has agreed to provide Plaintiff with additional information about the post-judgment investigation conducted by Safeway and its new counsel Reed Smith LLP, and the parties are continuing to negotiate the scope of the additional information to be provided;

WHEREAS, Plaintiff requires additional time to obtain further information from Safeway and incorporate such new information into his motion for sanctions, as appropriate;

NOW, THEREFORE, the parties to the above-captioned action hereby stipulate and agree that, subject to approval by the Court, the deadlines for Plaintiff's Motion for Sanctions shall be modified as follows:

IT IS SO STIPULATED.

[PROPOSED] ORDER

Good cause appearing therefore, PURSUANT TO STIPULATION, IT IS ORDERED THAT the deadlines for Plaintiff's motion for sanctions are modified as follows:

IT IS SO ORDERED.