JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT

KANDIS A. WESTMORE, Magistrate Judge.

Plaintiff Sean Sebring ("Plaintiff) and Defendants City of Petaluma, Lieutenant Klein and Officer Thompson ("Defendants") hereby stipulate to continue the upcoming hearing on Defendants' Motion to Dismiss Plaintiffs First Amended Complaint, currently scheduled to be heard on June 7, 2018. Prior to being notified ofthe hearing date. Plaintiff purchased airline tickets to travel out oftown to a graduation, he's currently scheduled to leave on June 7, 2018. After being served with Defendants' Motion, Plaintiff contacted attorneys to see ifthey could specially appear on his behalf, but no one is able to do so. During the week of April 23, 2018, Plaintiff called Defendants' counsel and asked ifthey would stipulate to continue the hearing, subject to the Court's approval. Defendants stipulate to continue the hearing to the next available date and time.

WHEREAS, on August 10, 2017, Plaintiff filed a Complaint in Superior Court in Sonoma County alleging violations of his civil rights;

WHEREAS, on November 8, 2017, Defendants removed this action to federal court pursuant to federal question jurisdiction;

WHEREAS, on November 8, 2017, the Court issued an Order Setting Initial Case Management Conference and ADR Deadlines;

WHEREAS, on November 14, 2017, Defendants filed a Motion to Dismiss Plaintiff's Complaint, to which he objected;

WHEREAS, on December 11, 2017, the Court continued the case management conference to April 24, 2018 and the case management statement to April 17, 2018;

WHEREAS, on February 9, 2018, the Court issued an Order Granting Defendants' Motion to Dismiss Plaintiffs Complaint and granted Plaintiff leave to amend;

WHEREAS, on March 9, 2018, Plaintiff filed a First Amended Complaint;

WHEREAS, on March 29, 2018, Defendants filed a Motion to Dismiss Plaintiffs' First Amended Complaint, a hearing date is scheduled for June 7, 2018;

WHEREAS, the parties initial joint case management statement is due July 31, 2018;

WHEREAS, the case management conference is currently scheduled on August 7, 2018;

WHEREAS, good cause exists to continue the hearing date and neither party will suffer prejudice by a short continuance;

THEREFORE, the Parties respectfully stipulate and request that the hearing be continued until the next available date, which is Thursday, June 21, 2018 at 1:30 p.m.

IT IS SO STIPULATED.

[PROPOSED] ORDERM

Based on the stipulation ofthe Parties, and for good cause appearing, the Court hereby orders that the June 7, 2018 hearing at 11:00 a.m. on Defendants' Motion to Dismiss Plaintiffs First Amended Complaint is continued to June 21, 2018 at 1:30 p.m.

IT IS SO ORDERED.