JOINT STIPULATION TO CONTINUE CASE DEADLINES; [PROPOSED] ORDER

JON S. TIGAR, District Judge.

STIPULATION

Plaintiff, Maria Karla Terraza, and Defendants, Defendants, Safeway Inc. ("Safeway"), the Benefit Plans Committee Safeway Inc. n/k/a Albertsons Companies Retirement Benefit Plans Committee ("Benefit Plans Committee"), Peter J. Bocian, David F. Bond, Michael J. Boylan, Robert B. Dimond, Laura A. Donald, Dennis J. Dunne, Robert L. Edwards, Bradley S. Fox, Bernard L. Hardy, Russell M. Jackson, Peggy Jones, Suz-Ann Kirby, Robert Larson, Melissa C. Plaisance, Paul Rowan and Andrew J. Scoggin (the "Safeway Defendants"), as well as Defendant, Aon Hewitt Investment Consulting, Inc. ("Aon" and, collectively with the Safeway Defendants, "Defendants"), through their counsel, hereby stipulate and agree that:

WHEREAS, the initial complaint was filed against Safeway Inc. and the Benefits Plans Committee Safeway Inc. on July 14, 2016;

WHEREAS, the Rule 16(b) conference was held, and the Court then issued the current scheduling order on March 15, 2017 (ECF No. 67), setting the discovery, pre-trial and trial dates, at a time when Aon was not a party in the Action;

WHEREAS, after that case management order, Plaintiff and the Safeway Defendants stipulated to an amendment to the Complaint to add Aon as a defendant for the first time in this Action as part of the Second Amended Complaint, and that Second Amended Complaint was filed on March 31, 2017.

WHEREAS, Aon filed a motion to dismiss the Second Amended Complaint on June 22, 2017 and the matter was briefed over the summer;

WHEREAS, after vacating the initial argument date, the Court heard oral argument on Aon's motion to dismiss on November 2, 2017, and the matter remains under submission;

WHEREAS, the Plaintiff and Safeway Defendants have exchanged certain initial disclosures, have engaged in written discovery and have been in the process of scheduling depositions;

WHEREAS, the Plaintiff and Aon served written discovery on the other following the argument on Aon's motion to dismiss argument, but the document productions are not yet due and the scope of the claims is still disputed;

WHEREAS, depositions are currently being scheduled to take place over the next sixty days, and additional written discovery remains to be completed;

WHEREAS, the Parties have been working diligently and cooperatively to prepare this case for trial, while also pursuing their efforts in a manner designed to avoid imposing undue burdens or expenses on any of the Parties, in particular as to Aon and the pendency of its Motion to Dismiss;

WHEREAS, in light of the above and despite the Parties' diligent efforts to cooperate, the Parties believe that the current schedule will not provide adequate time to complete discovery, expert disclosures, dispositive motions, and trial, by virtue of the number of defendants, the scope of document discovery demanded, and the need for an adequate opportunity for discovery related to Aon upon understanding the scope of the claims against it.1 The Parties therefore respectfully request that the Court continue the case deadlines as detailed below, which represents a ninety (90) day continuance of all deadlines, and that the pretrial conference date be moved to a date convenient for the Court in or after September, 2018, and the trial be moved to a date convenient for the Court in or after October, 2018 on the Court's first available trial dates;2

WHEREAS, the Parties have not previously requested any extensions of the pretrial or trial dates in this case;

WHEREAS, Plaintiffs also propose that the Court reschedule the next Case Management Conference, currently set for December 13, 2017 to a date in early 2018;

NOW, THEREFORE, the Parties, through their respective counsel, hereby stipulate, subject to the approval of the Court, to the following schedule:

[PROPOSED] ORDER

IT SO ORDERED.

The next Case Management Conference shall be held on January 24, 2018, at 2:00 pm. The Pretrial Conference shall be held on September 7, 2018, at 2 p.m., and the trial shall commence on October 22, 2018, with eight (8) days reserved for trial. The parties shall file a joint pretrial conference statement on or before August 28, 2018.