STIPULATION AND JOINT MOTION TO VACATE THE CASE MANAGEMENT CONFERENCE

EDWARD M. CHEN, District Judge.

This Stipulation and Joint Motion is entered into by and between Plaintiff Osmin Melgar and Karo Khatchadoorian ("Plaintiffs") and Defendant CSK Auto, Inc., n/k/a O'Reilly Auto Enterprises, LLC ("O'Reilly"), through their undersigned counsel of record. The Parties hereby stipulate and agree as follows:

1. On May 25, 2017, the Court entered a minute order granting in part, and denying in part, Plaintiffs' motion to amend the class certification order in this action. The Court ordered the Parties to meet and confer and to submit a proposed joint class notice, and set a further telephonic Case Management Conference for August 31, 2017, at 10:30 AM. The Court also encouraged the Parties to communicate regarding settlement.

2. After meeting and conferring, the Parties agreed to participate in mediation before Hon. William Pate (Ret.), in San Diego, California.

3. The mediation went forward on September 7, 2017, but the Parties were unable to reach an agreement at that time. The Parties have continued to engage in settlement discussions, and are very close to reaching an agreement, having reached a tentative agreement on the central terms of a settlement.

4. In light of the above, the Parties believe the current settlement discussions will resolve favorably with one week.

4. Accordingly, the Parties respectfully request that the Court enter an order vacating the Case Management Conference, and ordering that the Motion for Preliminary Approval be filed not later than February 16, 2018.

ATTESTATION

I, Michael Malk, am the ECF user whose User ID and Password are being used to file this Stipulation And Joint Motion To Vacate The Case Management Conference. In compliance with applicable Local Rules, I hereby attest that concurrence in the filing of this Stipulation And Joint Motion To Vacate The Case Management Conference has been obtained from signatory Edwin Boniske, Esq.