STIPULATION AND ORDER TO CONTINUE HEARING DATE ON DEFENDANTS' MOTIONS TO DISMISS

HAYWOOD S. GILLIAM, JR., District Judge.

Plaintiff Irving Firemen's Relief & Retirement Fund ("Plaintiff") and Defendants Uber Technologies, Inc. and Travis Kalanick (collectively, "Defendants" and, together with Plaintiff, the "Parties"), by and through their undersigned counsel, hereby stipulate, subject to Court approval, to continue the motion hearing date on Defendants' Motions to Dismiss (ECF Nos. 139, 141) (collectively, "Motions") to May 2, 2019 (or May 1, 2019, if the Court prefers a Wednesday hearing date), and as grounds therefor state as follows:

1. Defendants filed their Motions on November 16, 2018, and pursuant to the Parties' prior stipulation and Court order, the hearing was set for April 11, 2019 (ECF Nos. 156, 157).

2. On April 9, 2019, the Court sua sponte rescheduled and specially set the hearing on Defendants' Motions for Wednesday, April 17, 2019 (ECF No. 165).

3. One of the Lead Counsel for Plaintiff, who will participate in the presentation of the argument, will be out of the country on April 17, 2019 and is unavailable to appear at the rescheduled hearing. In addition, the other Lead Counsel for Plaintiff, who will present the argument, has a dispositive motion hearing in another matter previously set for April 25, 2019.

4. The Parties have met and conferred and mutually agree to continue the hearing date to May 2, 2019, the next available date on the Court's calendar on which counsel for the Parties can attend. All counsel are also available on May 1, 2019. Counsel for Plaintiff and Defendant Uber Technologies, Inc. discussed potentially available hearing dates with the Calendar Clerk and Courtroom Deputy, who advised that May 2 was a potentially available date for the Court (subject to Court approval).

5. The change in hearing date will not alter the date of any event or any deadline already fixed by Court order, other than the April 17, 2019 hearing.

6. The Parties have previously stipulated to continue the hearing date on the Motions on one occasion, which the Court granted (ECF Nos. 156, 157).

7. Accordingly, the Parties hereby stipulate, subject to Court approval and pursuant to Civil Local Rules 6-2 and 7-7(b), to continue the hearing on Defendants' Motions to May 1 or 2, 2019, whichever date is preferred by the Court. If the Court is not available to hear the Motions on either May 1 or 2, the Parties will meet and confer and suggest additional dates.

IT IS SO STIPULATED.

CERTIFICATE PURSUANT TO LOCAL RULE 5-1(i)(3)

I, LUKE O. BROOKS, am the ECF user whose identification and password are being used to file the DEFENDANTS' MOTIONS TO DISMISS. In compliance with Civil Local Rule 5-1(i)(3), I hereby attest that A. MATTHEW ASHLEY and WALTER F. BROWN have concurred in this filing.

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ORDER

Pursuant to stipulation, IT IS SO ORDERED. The hearings on Defendants' Motions will be heard on May 2, 2019 at 2:00 p.m.