STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND HEARING ON ICE CONSULTING, INC.'S MOTION TO DISMISS AND [PROPOSED] ORDER Proposed

EDWARD M. CHEN, District Judge.

Pursuant to Local Rule 6-2, Plaintiffs and Counter-Defendants ICE Consulting, Inc. ("ICE"), Uzair Sattar, and Derick Needham (collectively, "Plaintiffs"), and Defendant and Counter-Claimant Gavin Jensen ("Defendant") (Plaintiffs and Defendant are herein referred to collectively as the "Parties"), by and through their respective counsel, hereby enter into this Stipulation to Continue the Case Management Conference and Hearing on ICE's Motion to Dismiss. This Stipulation is based on the contents of this stipulation and the Declaration of Andrew C. Crane ("Crane Dec."), filed concurrently herewith.

WHEREAS, on December 9, 2016, the Parties reached a settlement in principle. Crane Dec., ¶ 2.

WHEREAS, on December 12, 2016, the Parties submitted a Notice of Conditional Settlement and Request to Stay Proceedings (Dkt. No. 97), informing the Court of the settlement in principle and requesting time to prepare and execute the settlement documents. Crane Dec., ¶ 3.

WHEREAS, the Court entered an Order staying all proceedings, and resetting the hearing date for ICE's Motion to Dismiss Defendant's Second, Third, Fourth, and Fifth Counterclaims ("Motion to Dismiss") to January 12, 2017 at 1:30 p.m. (Dkt. No. 99). Per this same order, the Court also reset the Case Management Conference from December 15, 2016, to January 12, 2017. Crane Dec., ¶ 3.

WHEREAS, on January 4, 2017, counsel for the Parties received a request from the clerk of this Court regarding the status of the Parties' settlement. Crane Dec., ¶ 4.

WHEREAS, on January 5, 2017, counsel for Plaintiffs explained that (1) due to the intervening holiday season and respective holiday travel on the part of the Parties and their respective counsel, the settlement agreement has not yet been finalized, although the Parties anticipate finalizing the terms of the settlement agreement within a matter of days; and (2) the Parties intend to file a Joint Motion requesting the Court to retain jurisdiction to enforce the settlement agreement no later than January 12, 2017, followed by a Joint Request for Dismissal. Crane Dec., ¶ 4.

WHEREAS, in response, the clerk of this Court suggested the Parties submit a stipulation continuing the hearing date on ICE's Motion to Dismiss to avoid the Court spending unnecessary time preparing for the Motion. Crane Dec., ¶ 5.

WHEREAS, the three week extension sought by this Stipulation will not affect any other dates currently calendared, because as of the filing of this Stipulation, there are no dates currently calendared beyond the hearing and Case Management Conference. Moreover, as set forth above, the Parties have settled this matter in principle and will be submitting filings with the Court regarding the settlement within a matter of days. Crane Dec., ¶ 6.

THEREFORE, THE PARTIES HEREBY STIPULATE:

That the hearing on ICE's Motion to Dismiss and the Case Management Conference shall be continued from January 12, 2017, to February 3, 2017, at 1:30 p.m.

IT IS SO STIPULATED.

ORDER

PURSUANT TO THE STIPULATION AND GOOD CAUSE APPEARING, IT IS SO ORDERED that the Motion to Dismiss and the Case Management