JOINT STIPULATION TO CONTINUE HEARING ON DEFENDANT VIRGIN AMERICA INC.'S MOTION FOR SUMMARY JUDGMENT; [PROPOSED] ORDER THEREON

JON S. TIGAR, District Judge.

STIPULATION

Plaintiffs Julia Bernstein, et al. ("Plaintiffs") and Defendant Virgin America Inc. ("Defendant") (collectively, the "Parties"), through their counsel, hereby stipulate and agree that:

WHEREAS the hearing on Defendant's Motion for Summary Judgment is currently set to be heard December 1, 2016 at 2:00 p.m.

WHEREAS lead counsel for Defendant is battling the flu and does not feel that he will be sufficiently well to participate in the hearing;

WHEREAS the first date the Parties are jointly available is December 9, 2016;

WHEREAS the Parties are also available December 13, 2016 and understand that, if set for this date, the hearing may take place in Oakland. Defendant is unavailable on December 5-6; Plaintiffs are unavailable December 7, 8, 12 and December 14, 2016 to December 20, 2016.

NOW, THEREFORE, based on the foregoing, the Parties hereby stipulate, subject to the approval of the Court, to continue the hearing on Defendant's Motion for Summary Judgment from December 1, 2016 to December 9, 2016 at 2:00 p.m., or as soon thereafter as the matter may be heard.

[PROPOSED] ORDER

Pursuant to the stipulation of the Parties, and good cause appearing, the new hearing date on Defendant Virgin America Inc.'s Motion for Summary Judgment is December 9, 2016 at 2:00 p.m., or December 13, 2016 at 2:00pm, in Courtroom 2, 4th Floor, of the Oakland Courthouse located at 1301 Clay Street Oakland, CA 94612. in Courtroom 15, 18th Floor of the San Francisco Courthouse.

IT IS SO ORDERED.