STIPULATION AND ORDER REGARDING BRIEFING SCHEDULE ON DR PEPPER'S MOTION TO DISMISS THE SECOND AMENDED COMPLAINT

[N.D. Cal. Civ. L.R. 6-1(b)]

WILLIAM H. ORRICK, District Judge.

Plaintiff Shana Becerra ("Plaintiff") and Defendant Dr Pepper/Seven Up, Inc. ("Defendant") (collectively, "the Parties") respectfully file this stipulation to adjust the briefing schedule relating to Dr Pepper's motion to dismiss, and hereby agree as follows:

WHEREAS, on January 16, 2018, Dr Pepper filed a motion to dismiss plaintiff's Second Amended Complaint (Dkt. No. 35);

WHEREAS, plaintiff's counsel inadvertently calendared the motion as having been filed on January 17, 2018, and as a result, filed plaintiff's opposition two weeks later, on January 31, 2018, which was one day after it was due (Fitzgerald Decl. ¶ 2);

WHEREAS, Dr Pepper requested, and plaintiff agreed, that in light of the inadvertent error, the briefing schedule should be adjusted so as to provide Dr Pepper the full seven (7) days permitted under the Local Rules to brief a Reply;

WHEREAS, a hearing on Dr Pepper's motion is set for March 28, 2018; and

WHEREAS, the parties' requested continuance will not affect the date of the hearing.

IT IS HEREBY STIPULATED that, upon the Court's approval, Dr Pepper's deadline to file a Reply in support of its Motion to Dismiss the Second Amended Complaint shall be continued from February 6, to February 7, 2018.

IT IS SO STIPULATED AND AGREED.

The Court HEREBY ORDERS as follows:

IT IS SO ORDERED.