JOINT STIPULATION AND [PROPOSED] ORDER RE NEW TRIAL DATE

RICHARD SEEBORG, District Judge.

Trial in this matter was initially set for December 5, 2016. As a result of the year long military deployment of Defendants' primary witness, Richard Rodriguez, that initial trial date was continued until March 19, 2018. On February 9, 2018, due to another military deployment of Mr. Rodriguez, (scheduled for March 15-23, 2018), the Court vacated the March 19, 2018 trial date, and requested that the Parties submit potential new trial dates that they would be available for in August and September of 2018. Pursuant to the direction by the Court, the Parties submit the following dates that they are available for trial during the months of August:

Due to another trial that Plaintiff's counsel currently has set to start on August 27, 2018 (also in the United States Northern District), Plaintiff would prefer the August 13, 2018 trial date if possible.

Due to other previously scheduled trials, and significant pre-planned personal commitments, there are no dates in September that Plaintiff and its counsel are available. If none of the August dates listed above are available on the Court's calendar, at the Court's request, the Parties can submit potential dates in October and November that they would be available.

ATTESTATION PURSUANT TO CIVIL LOCAL RULE 5-1

Pursuant to Civil L.R. 5-1(i)(3) regarding signatures, Katherine F. Wenger hereby attests that concurrence in the filing of this document has been obtained from each of the other signatories.

[PROPOSED] ORDER

Pursuant to the Stipulation, it is ORDERED that: