STIPULATION AND ORDER TO VACATE, OR, ALTERNATIVELY, TO CONTINUE PRE-TRIAL CONFERENCE AND TRIAL DATES PURSUANT TO PENDING MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT [DKTS. 35, 56]

HAYWOOD S. GILLIAM, Jr., District Judge.

TO THIS HONORABLE COURT, ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD HEREIN:

Plaintiffs, Joyce Harper and Leila Emerson (collectively, "Plaintiffs"), and Defendant, The Law Office of Harris and Zide LLP ("Defendant"), by and through their respective attorneys of record, and pursuant to F.R.C.P. 6(b) and Local Civil Rules 16-2(d) and 40-1, hereby stipulate and jointly move to vacate, or, alternatively, to continue the present Pre-Trial Conference and Trial Dates, in light of this Court's pending ruling on Plaintiffs' Unopposed Motion for Preliminary Approval of Class Action Settlement.

The background and circumstances which establish good cause for the request herein are as follows:

1. On November 2, 2015, Plaintiffs filed their Unopposed Motion for Preliminary Approval of Class Action Settlement [Dkt. 56], and this Court held a hearing on the Motion on December 17, 2015. The Motion is presently under submission with the Court;

2. Presently, a Pre-Trial Conference is presently set for May 24, 2016 at 3:00 p.m., and a Jury Trial on June 6, 2016, pursuant to this Court's Scheduling Order entered on June 15, 2015 [Dkt. 35];

3. Should the parties' proposed class action settlement be preliminarily approved by this Court, expenditure of further judicial and litigation resources on holding a Pre-Trial Conference and/or Trial, would not be necessary. Accordingly, the parties respectfully request the Court to vacate, or, alternatively, to continue the respective Pre-Trial Conference and Trial dates for approximately 180 days, pending this Court's resolution of the class action settlement.

IT IS HEREBY STIPULATED:

The Pre-Trial Conference scheduled on May 24, 2016 and Trial scheduled on June 6, 2016 are hereby vacated. The Pre-Trial Conference is rescheduled to ________________, 2016 at ______ a.m./p.m., and the Trial is rescheduled ________________, 2016 at ______ a.m./p.m.

PURSUANT TO STIPULATION, IT IS SO ORDERED. The Pre-Trial Conference scheduled on May 24, 2016 and Trial scheduled on June 6, 2016 are hereby vacated.

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