DENIED STIPULATION AND [PROPOSED] ORDER GRANTING JOINT ADMINISTRATIVE MOTION FOR LEAVE TO FILE SUPPLEMENTAL BRIEFING

CIVIL L.R. 7-11

EDWARD M. CHEN, District Judge.

WHEREAS, on May 2, 2017, this Court issued an Order dismissing the claims of plaintiffs Mary Swearingen and Robert Figy ("Plaintiffs") against Healthy Beverage, LLC in the case captioned Swearingen et al. v. Healthy Beverage, LLC et al., Case No. 3:13-cv-04385-EMC ("Healthy Beverage");

WHEREAS, the plaintiffs in Healthy Beverage are the same two Plaintiffs who bring this action;

WHEREAS, the proposed concise supplemental submission set forth below would address the significance of the Court's holding on these two Plaintiffs' ability to state a plausible claim in this Action, as well as the further significance of this holding with respect to the requirements of Rule 9(b).

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by Plaintiffs and Defendant, through their respective counsel of record, as follows:

1. Defendant shall submit a supplemental brief of no more than three pages regarding the impact of the Healthy Beverage decision on the issues in this Action by no later than one week following the date of the Court's order permitting supplemental briefing;

2. Plaintiffs shall submit a response brief of no more than three pages no later than one week following the date of filing of Defendant's supplemental brief.

IT IS SO STIPULATED.

I attest that concurrence in the filing of this document has been obtained from plaintiffs' counsel whose conformed signature is set forth above.