JOINT STIPULATION OF THE PARTIES TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE

ORDER (as amended)

HAYWOOD S. GILLIAM, JR., District Judge.

WHEREAS, Plaintiff CLEANFISH, LLC ("Plaintiff") filed its Complaint (Dkt. No. 1) on June 25, 2019;

WHEREAS, Defendants ISLAND SEA FARMS, INC., NANCI DIXON, and PAUL SIMPSON) (collectively "ISF Defendants") and Defendants DALE SIMS and BUENA VISTA SEAFOOD LLC (collectively "BV Defendants") received service of summonses on or about June 28, 2019;

WHEREAS, on July 19, 2019, the ISF Defendants filed their Motion to Dismiss for Lack of Personal Jurisdiction and Failure to State a Claim (Dkt. No. 26), and the BV Defendants filed their Answer and Crossclaim (Dkt. Nos. 28, 29);

WHEREAS, on August 2, 2019, Plaintiff filed an Amended Complaint (Dkt. No. 35);

WHEREAS, on August 16, 2019, the ISF Defendants filed their Motion to Dismiss for Lack of Personal Jurisdiction and Failure to State a Claim (Dkt. No. 40) and the BV Defendants filed their Motion to Dismiss for Failure to State a Claim (Dkt. No. 41), the hearings are presently scheduled for December 12, 2019, at 2:00 p.m.;

WHEREAS, the initial Case Management Conference ("CMC") is currently scheduled for September 24, 2019, at 2:00 p.m. (Dkt. No. 12);

WHEREAS, given the threshold jurisdictional and substantive issues to be resolved by the Defendants' pending Rule 12 motions, the parties believe good cause exists to continue the CMC to five weeks after rulings are issued on Defendants' pending Rule 12 motions, as well as all other deadlines as identified in the Court's Scheduling Order [Dkt. No. 12], so they can engage in a meaningful meet and confer process pursuant to Fed. R. Civ. P. 26(f), Civ. L.R. 16-3, and the Court's Standing Orders after the hearings on both the pending Motions;

WHEREAS, this stipulation is not made for any improper purpose and will not prejudice any party;

WHEREAS, this stipulation is not intended to operate as an admission of any factual allegation or legal conclusion and is submitted subject to and without waiver of any rights, defenses, affirmative defenses, or objections, including personal jurisdiction, insufficient process, or insufficient service of process; and

WHEREAS, the requested modifications will not otherwise impact the schedule for the case;

STIPULATION

NOW, THEREFORE, Plaintiff and Defendants stipulate and agree as follows:

1. Pursuant to Civil L.R. 6-2, and subject to the Court's approval, to continue the initial Case Management Conference, currently scheduled to occur on September 24, 2019, at 2:00 p.m., to five weeks after rulings are issued on Defendants' pending Rule 12 motions;

2. Pursuant to Civil L.R. 6-2, and subject to the Court's approval, to continue all other deadlines identified in the Court's Scheduling Order [Dkt. No. 12], as follows:

3. That, by entering this Stipulation, the Parties do not admit any factual allegation or legal conclusion and do not waive any rights, defenses, affirmative defenses, or objections, including personal jurisdiction, insufficient process, or insufficient service of process.

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED:

1. The initial Case Management Conference, currently scheduled to occur on September 24, 2019, at 2:00 p.m., is continued to December 12, 2019, at 2:00 p.m. to be held along with the Defendants' pending Rule 12 motions;

2. By entering their Stipulation, the Parties have not admitted any factual allegation or legal conclusion and have not waived any rights, defenses, affirmative defenses, or objections, including personal jurisdiction, insufficient process, or insufficient service of process.