JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND DEADLINES FOR MOTION TO DISMISS BRIEFING, AS MODIFIED

VINCE CHHABRIA, District Judge.

Pursuant to United States District Court, Northern District of California Local Rule 6-2, the following Stipulation is entered in to Plaintiff TERESA CAPONIO ("Plaintiff") and Defendants BOILERMAKERS LODGE 549, BOILERMAKERS WESTERN STATES JOINT APPRENTICESHIP PROGRAM and INTERNATIONAL BROTHERHOOD OF BOILERMAKERS ("Defendants") (collectively, the "Parties") by and through their counsel of record:

WHEREAS, the Court scheduled a case management conference before the Magistrate in the above-referenced matter for October 19, 2016 (Doc. 3); and

WHEREAS, since that scheduling order, Defendants have declined to proceed with a Magistrate, thereby effectively vacating the conference, in the Parties' understanding; and

WHEREAS, Boilermakers Lodge 549 has not yet entered an appearance in this matter, but will be represented by the attorneys of Weinberg, Roger & Rosenfeld; and

WHEREAS, two Defendants have filed Motions to Dismiss with prejudice (Doc. 12 and Doc. 15); and

WHEREAS, the Motions to Dismiss were noticed to be heard on November 10, 2016; and

WHEREAS, on September 14, 2016 the Court took all pending motions off-calendar and required them to be re-noticed; and

WHEREAS the Court also scheduled a Case Management Conference for October 25, 2016; and

WHEREAS lead counsel for Plaintiff has a previously-scheduled litigation conflict all day on October 25, 2016; and

WHEREAS, based upon professional courtesy, and suffering no prejudice, Defendants have agreed to extend Plaintiff's deadline to oppose the motions to October 13, 2016, which is 28 days before the currently-noticed hearing date; and

WHEREAS Defendants which have already appeared have filed or will file, today, a re-notice of their Motions to Dismiss for hearing on November 10, 2016 before the Honorable District Judge Chhabria; and

WHEREAS, based upon professional courtesy, and suffering no prejudice, Plaintiff has agreed to extend Defendant's deadline to reply to the opposition(s) to the motions to October 27, 2016, which is 14 days before the currently-noticed hearing date;

IT IS HEREBY STIPULATED AS FOLLOWS:

The Parties respectfully request the Court consider November 10, 2016 as a date for the hearing on the Motions to Dismiss and request to hold the rescheduled case management conference on the same date, or, if that date is improper for a case management conference, on the earliest available date thereafter, November 22, 2016,

The Parties further respectfully request that the Court permit Plaintiff to submit on or before October 13, 2016 her anticipated opposition(s) to the Motions filed by the two Defendants which have already appeared, and to permit Defendants to reply to such oppositions on or before October 27, 2016.

The Parties stipulate that the deadlines to complete pre-case management conference tasks including, but not limited to, the service of initial disclosure statements and the filing of a joint case management conference statement, would be similarly continued to dates consistent with the continued case management conference.

[PROPOSED] ORDER

PURSUANT TO THE STIPULATION OF THE PARTIES, IT IS SO ORDERED.