JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE FOR PLAINTIFF'S MOTION FOR SANCTIONS

JON S. TIGAR, District 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, Plaintiff filed a Motion for Sanctions on April 6, 2016 (Dkt. No. 434);

WHEREAS, Safeway filed its Opposition to Plaintiff's Motion for Sanctions on May 13, 2016 (Dkt. No. 446);

WHEREAS, Plaintiff filed his Reply in support of Plaintiff's Motion for Sanctions on Friday, June 3, 2016 (Dkt. No. 453);

WHEREAS, on May 2, 2016, the Court continued the hearing on Plaintiff's Motion for Sanctions from June 16, 2016 to July 14, 2016 (Dkt. No. 439);

WHEREAS, Safeway requested Plaintiff agree to continue the hearing one week, from July 14, 2016 to July 21, 2016, because of conflict in Safeway's counsel's schedule, and Plaintiff agreed; and

NOW, THEREFORE, the parties to the above-captioned action hereby stipulate and agree that, subject to approval by the Court, to continue the hearing date on Plaintiff's Motion for Sanctions from July 14, 2016 at 2:00 pm to July 21, 2016 at 2:00 pm.

IT IS SO STIPULATED.

[PROPOSED] ORDER

Good cause appearing therefore, PURSUANT TO STIPULATION, IT IS ORDERED THAT the hearing on Plaintiff's Motion for Sanctions is continued from July 14, 2016 at 2:00 pm to July 21, 2016 at 2:00 pm. IT IS SO ORDERED.