STIPULATION TO MODIFY SCHEDULING ORDER AND [PROPOSED] ORDER

JON S. TIGAR, District Judge.

WHEREAS, pursuant to the Court's Scheduling Order (ECF No. 30) ("Scheduling Order"), the parties are to complete fact discovery by April 1, 2019, exchange expert disclosures on April 23, 2019, and complete expert discovery by June 3, 2019, and Plaintiff Securities and Exchange Commission (the "SEC") is to file its motion to determine amounts of disgorgement and civil monetary penalties due ("SEC's Motion") by July 1, 2019;

WHEREAS, pursuant to the Scheduling Order, the hearing on the SEC's Motion is set for August 29, 2019, at 2:00 p.m.;

WHEREAS, pursuant to the Court's Settlement Conference Order (ECF No. 41) ("Settlement Conference Order"), the parties are required to attend an in-person Settlement Conference on June 14, 2019, at 11:00 a.m. before Magistrate Judge Ryu, and also have a settlement conference call on February 21, 2019 (ECF No. 40);

WHEREAS, on January 17, 2019, the parties stipulated and jointly requested the Court to temporarily stay the case because counsel for Defendants, Marc Fagel, is retiring and Defendants are seeking new counsel, and the SEC was shut down as of December 27, 2018, due to a lapse in appropriations;

WHEREAS, the Court granted the parties' request and entered an Order (ECF No. 44) temporarily staying the case until the shutdown ended, at which time the parties were to meet and confer to determine whether to propose a revised Civil Case Management Plan and Scheduling Order, and whether to propose modifications to the Settlement Conference Order, within seven (7) days of the SEC reopening;

WHEREAS, appropriations were enacted on January 25, 2019, and the SEC returned to normal operations on January 28, 2019;

WHEREAS, counsel for Defendants, Marc Fagel, is retiring this month and Defendants are continuing to look for new counsel;

ACCORDINGLY, it is HEREBY STIPULATED by and between the undersigned parties that they respectfully request the Court to modify the Scheduling Order by extending the Scheduling Order by 30 days or as otherwise noted below:

It is further STIPULATED by and between the undersigned parties that they respectfully request the Court to vacate the Settlement Scheduling Order and conduct a telephonic scheduling conference on February 21, 2019, at 11:00 a.m. before Magistrate Judge Ryu, to discuss dates for the Settlement Conference and any related deadlines.

IT IS SO STIPULATED. Marc J. Fagel GIBSON, DUNN & CRUTCHER San Francisco, CA, Attorney for Defendants Michael B. Rothenberg and Rothenberg Ventures LLC

[PROPOSED] ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.

ATTESTATION

I, E. Barrett Atwood, am the ECF User whose identification and password are being used to file this Stipulation and Proposed Order. I hereby attest that each of the above parties or their representatives concurs in this filing.