STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE IN VIEW OF SETTLEMENT AND [PROPOSED] ORDER

PHYLLIS J. HAMILTON, District Judge.

Pursuant to the Court's Order Continuing Case Management Conference In View Of Settlement (Dkt. 31), Defendants Seal for Life Industries, LLC and Berry Global, Inc. ("Defendants"), on the one hand, and Plaintiff Utility Supply, Inc. ("Plaintiff"), on the other, hereby stipulate, by and through their respective counsel of record, as follows:

RECITALS

WHEREAS, the Complaint in this action was filed on April 25, 2017;

WHEREAS, the Parties settled this action in principle and filed a Notice of Settlement on September 14, 2017 (Dkt. 30);

WHEREAS, in light of the settlement in principle, the Court continued the Case Management Conference from August 17, 2017 to November 16, 2017 (Dkt. 31);

WHEREAS, the Court's Order Continuing Case Management Conference In View Of Settlement (Dkt. 31) provides that, "[s]hould the settlement not be finalized by then, the parties shall jointly request one further continuance or shall appear at the conference";

WHEREAS, the Parties had reached an impasse regarding certain terms of their written settlement agreement and release;

WHEREAS, the Parties have now resolved that impasse and are close to finalizing a written settlement agreement and release; and

WHEREAS, in order for the parties to have sufficient time to finalize the settlement, the Parties respectfully request that the Court continue the Case Management Conference from November 16, 2017 to the week of December 11, 2017, or at a date and time that is convenient for the Court.

STIPULATION

THEREFORE, IT IS STIPULATED AND AGREED, by and between Defendants and Plaintiff, through their respective counsel, that the Parties respectfully request that the Court continue the Case Management Conference from November 16, 2017 to the week of December 11, 2017, or at a date and time that is convenient for the Court.

IT IS SO STIPULATED.

[PROPOSED] ORDER

Pursuant to the Parties' Stipulation To Continue Case Management Conference In View Of Settlement, and good cause appearing, the Court hereby continues the Case Management Conference from November 16, 2017 to December 14, 2017, at 2:00 p.m.

IT IS SO ORDERED.