STIPULATION AND ORDER ADJOURNING INITIAL CASE MANAGEMENT CONFERENCE AND SETTING BRIEFING SCHEDULE ON DEFENDANTS' MOTIONS TO DISMISS THE FIRST AMENDED COMPLAINT

RICHARD SEEBORG, District Judge.

Pursuant to Civil L.R. 6-1(b), it is hereby stipulated by and between Plaintiffs Gannaway Entertainment, Inc., Albert C. Gannaway III, Samantha Gannaway ("Plaintiffs") and Defendants Frankly Inc., Steve Chung, SKP America, LLC, JJR Private Capital Limited Partnership ("JJR"), Ron Schmeichel, and Louis Schwartz. ("Defendants") through their respective attorneys, that:

WHEREAS, on July 21, 2017, Plaintiffs filed their Complaint in this action (ECF No. 1);

WHEREAS, the parties stipulated and agreed that Defendants' responses to the Complaint would be due on September 20, 2017;

WHEREAS, on September 20, 2017, Defendants Frankly Inc., Steve Chung, JJR Private Capital Limited Partnership, Ron Schmeichel, and Louis Schwartz filed a Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(2) and 12(b)(6) (ECF No. 17), set for hearing on December 14, 2017;

WHEREAS, on September 20, 2017, SKP America, LLC filed a Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6) (ECF No. 21);

WHEREAS, Plaintiffs requested and Defendants granted an additional one week extension of time for Plaintiffs to file their Oppositions, from October 4 to October 11, 2017;

WHEREAS, in lieu of opposing Defendants' motions to dismiss, Plaintiffs filed their First Amended Complaint ("FAC") on October 11, 2017 (ECF No. 28);

WHEREAS, Defendants intend to file motions to dismiss the FAC, triggering an automatic stay of discovery and all other proceedings under the Private Securities Litigation Reform Act of 1998 ("PSLRA"), 15 U.S. Code § 78u-4(b)(3)(B);

WHEREAS, the Court currently has an Initial Case Management Conference scheduled for November 9, 2017, at 10:00 AM, to address discovery and other proceedings;

WHEREAS, the parties respectfully submit that it would be wasteful of judicial resources and the parties' resources to proceed with an Initial Case Management Conference at this time, since proceedings other than Defendants' motions to dismiss are subject to the stay of discovery under the PSLRA;

NOW, THEREFORE IT IS HEREBY STIPULATED AND AGREED THAT:

1. Defendants shall file their motions to dismiss the FAC by October 31, 2017.

2. Plaintiffs shall file their opposition to the motions to dismiss the FAC by November 22, 2017.

3. Defendants shall file replies in support of their motions to dismiss the FAC by December 13, 2017.

4. Oral argument on Defendants' motions to dismiss the FAC shall be heard on January 18, 2018.

5. Subject to the Court's approval, the Initial Case Management shall be adjourned pending resolution of Defendants' motions to dismiss.

PURSUANT TO STIPULATION, IT IS SO ORDERED.