STIPULATION AND ORDER REGARDING BRIEFING SCHEDULE

HAYWOOD S. GILLIAM, Jr., District Judge.

STIPULATION REGARDING BRIEFING SCHEDULE

WHEREAS Plaintiffs filed their First Amended Complaint in San Francisco Superior Court on May 26, 2016, and Defendant Accrediting Commission for Community and Junior Colleges removed the action to this Court on June 17, 2016;

WHEREAS Altshuler Berzon LLP was first brought into this case as co-counsel for Plaintiffs on June 22, 2016, and its attorneys are in the process of becoming familiar with the case;

WHEREAS this action was originally assigned in this Court to Magistrate Judge Spero;

WHEREAS Defendant filed a Motion to Dismiss in this action on June 24, 2016 and originally noticed the motion for hearing before Magistrate Judge Spero on July 29, 2016;

WHEREAS pursuant to the Local Rules, Plaintiffs' opposition to the Motion to Dismiss would be due on July 8, 2016;

WHEREAS Plaintiffs declined to consent to the Magistrate Judge, and the case has since been reassigned to this Court, requiring the Motion to Dismiss to be re-noticed for a new hearing date;

WHEREAS the parties have met and conferred regarding the reassignment of this case, the briefing schedule on the Motion to Dismiss, and Plaintiffs' intention to seek leave to file a Second Amended Complaint;

THE PARTIES HEREBY STIPULATE AND AGREE AS FOLLOWS:

1. Plaintiffs' Opposition to the Motion to Dismiss shall be due on July 21, 2016.

2. Defendant's Reply shall be due on July 28, 2016.

3. Subject to Court approval, the hearing on Defendant's Motion to Dismiss shall be held on August 4, 2016 at 2:00 p.m., or as soon thereafter as is available on the Court's calendar.

4. Plaintiffs shall provide the proposed Second Amended Complaint to Defendants no later than July 21, 2016, in order to determine whether the parties can stipulate to the filing of the Second Amended Complaint. If the parties stipulate to the filing of the Second Amended Complaint, and plaintiff thereafter files the Second Amended Complaint pursuant to the stipulation, Defendant with promptly thereafter withdraw its Motion to Dismiss without prejudice to re-filing any motion to dismiss the Second Amended Complaint, in order to avoid duplication of effort by the parties and the Court.

ORDER

Pursuant to Stipulation, IT IS SO ORDERED. The hearing on Defendant's Motion to Dismiss is set for August 4, 2016 at 2:00 p.m.