STIPULATION FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE; ORDER

JEFFREY S. WHITE, District Judge.

Plaintiffs Stacy Cobine, Nanette Dean, Christina Ruble, Lloyd Parker, Gerrianne Schulze, Sarah Hood, Aaron Kangas, Lynette Vera, Aubrey Short, Marie Anntonette Kinder, and John Travis, and Defendants City of Eureka, Eureka Police Department, and Andrew Mills, in his official capacity as Chief of Police, respectively through their attorneys of record, Shelley K. Mack, Esq. and Cyndy Day-Wilson, City Attorney of Eureka, hereby stipulate and request this Court to continue the Case Management Conference scheduled for Friday August 5, 2016, at 11:00 A.M., to a date within 90 days after any court ruling on a class action certification.

Plaintiffs have informed Defendants that they will be filing an amended complaint on or before August 5, 2016 which is the same day scheduled for Defendants' Motion to Dismiss under Federal Rule 12(b)(6). In addition, Plaintiffs will be seeking certification of a class action against Defendants through a motion to be filed subsequent to the amended complaint.

Both Plaintiffs and Defendants seek this continuance to allow each time to file and respond to, as appropriate, the Amended Complaint and the Motion for Class Action Certification. Proceeding on August 5, 2016 will waste significant resources for the court and all parties in light of the soon to be filed Amended Complaint and Motion for Class Action Certification.

SO STIPULATED.

ORDER ON STIPULATION

PURSUANT TO STIPULATION OF THE PARTIES, IT IS HEREBY ORDERED that the Case Management Conference be continued from Friday August 5, 2016, at 11:00 A.M., to a date within 90 days of any court ruling on Plaintiffs' Motion for Class Action Certification.

The Court construes the stipulation of the parties to file an amended complaint to moot the pending motion to dismiss. The Court DENIES the motion to dismiss AS MOOT.

IT IS SO ORDERED.