AMENDED STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND EXTEND NATIONWIDE'S DEADLINE TO RESPOND TO COMPLAINT

EDWARD M. CHEN, District Judge.

Pursuant to Civil Local Rule 6-2 of the United States District Court for the Northern District of California, Plaintiff Abante Rooter and Plumbing Inc. and Defendant Nationwide Mutual Insurance Company, by and through their respective counsel, hereby stipulate and agree as follows and respectfully request that the Court approve and give effect to their stipulation:

WHEREAS, by Order dated August 16, 2017 and additional notice entered August 30, 2017, the Court has scheduled the initial case management conference for Thursday, September 28, 2017 at 9:30 a.m.;

WHEREAS, Plaintiff filed its First Amended Complaint on August 28, 2017; WHEREAS, by stipulation and Order, Defendant has until and including September 25, 2017 to answer, move, or otherwise respond to Plaintiff's First Amended Complaint;

WHEREAS, Defendant intends to seek a stay of this case pending the D.C. Circuit Court's ruling in ACA International v. Federal Communications Commission, No. 15-1211;

WHEREAS, the parties are conferring to determine whether an agreement can be reached on Defendant's anticipated motion to stay;

WHEREAS, if the parties are able to reach an agreement on a stay, it would likely obviate the need for the parties and the Court to devote resources to a briefing and hearing a motion to stay, holding a case management conference and setting a case management schedule;

WHEREAS, a two-week continuance of the current case management conference, and corresponding deadlines, will not affect any other date set by the Court and will not result in prejudice to either party;

WHEREAS, a two-week extension of Nationwide's deadline to respond to the complaint will not affect any other date set by the Court and will not result in prejudice to either party;

IT IS HEREBY STIPULATED AND AGREED that the initial case management conference currently set for September 28, 2017 should be continued to October 12, 2017 at 1:30 p.m., or the next mutually agreeable date that is available on the Court's calendar, and that all corresponding deadlines should be adjusted accordingly.

IT IS FURTHER STIPULATED AND AGREED Nationwide shall have an extension of time to and through October 9, 2017, in which to answer, move or otherwise plead in response to Plaintiff's Amended Complaint.

IT IS SO STIPULATED.

FILER'S ATTESTATION:

Pursuant to Local Rule 5-1(i)(3) regarding signatures, I attest under penalty of perjury that the concurrence in the filing of this document has been obtained from its signatories.

AMENDED [PROPOSED] ORDER

Pursuant to the parties' stipulation, and good cause appearing therefore, IT IS HEREBY ORDERED as follows:

The initial case management conference currently set for September 28, 2017 at 9:30 a.m. is continued to October 12, 2017 at 9:30 a.m. The parties' joint case management conference statement must be filed on or before October 5, 2017, one week in advance of the conference date.

In addition, the Court hereby extends Nationwide's deadline, to and through October 9, 2017, in which to answer, move or otherwise plead in response to Plaintiff's Amended Complaint in the above-captioned action

IT IS SO ORDERED.