STIPULATION AND [PROPOSED] ORDER RE: EXTENSION OF TIME TO FILE OPPOSITION TO MOTION TO STAY

[SECOND REQUEST]

CARL W. HOFFMAN, Magistrate Judge.

Pursuant to Local Rules IA 6-1, 6-2, and LR 7-1, Plaintiff MARK HUNT ("Hunt"), and Defendants ZUFFA, LLC d/b/a ULTIMATE FIGHTING CHAMPIONSHIP ("Zuffa"), DANA WHITE ("White") and BROCK LESNAR ("Lesnar") hereby stipulate to further extend the deadline for Hunt to file his Opposition to Zuffa and White's Motion to Stay Discovery [Doc. 47] until May 30, 2017. This Court previously extended the deadline for Hunt to file his Opposition until May 22, 2017, but for the reasons below, this second extension is warranted. This stipulation is based on the following:

Defendants' respective Motions to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6) [Docs. 11 and 30] had previously been set to be heard on May 15, 2017 [See, Docs. 13 and 46]. Zuffa and White filed a Motion to Stay Discovery on April 20, 2017 [Doc. 47]. Lesnar joined in the Motion to Stay Discovery on April 26, 2017 [Doc. 52].

Counsel for Hunt and counsel for Zuffa and White met and conferred regarding a potential stipulation that may dispose of or limit the scope of the Motion to Stay Discovery. Their meeting and conferring occurred via written correspondence on April 25 and April 27, 2017, and via telephone discussion on May 1, 2017. Counsel for Hunt and counsel for Zuffa and White agreed that they would be in a better position to discuss a potential stipulation that may dispose of or limit the scope of the Motion to Stay Discovery following the hearing on the Motions to Dismiss. However, pursuant to LR 7-2(b), Hunt's opposition to the Motion to Stay Discovery was due by May 4, 2017, whereas the original hearing date on the Motions to Dismiss was May 15, 2017. Therefore, the parties previously stipulated, and this Court previously ordered thereon, that Hunt's opposition would be due May 22, 2017, allowing Hunt one week following the hearing on Defendants' Motion to Dismiss to file and serve his opposition to the Motion to Stay Discovery. [Docs. 54 and 57.]

On May 15, 2017, the date Defendants' Motions to Dismiss were set to be heard, the District Court continued the hearing on the Motions to Dismiss until May 22, 2017. [Doc. 60.] Counsel for Hunt and counsel for Zuffa and White conferred telephonically again on May 15, 2017, and agreed that the deadline for Hunt to file his opposition to Defendants' Motion to Stay Discovery should be similarly extended. Given that May 29th, one week following the date currently set for the hearing on Defendants' Motions to Dismiss, is the Memorial Day holiday, the parties have agreed to extend the deadline for Hunt's opposition to Defendants' Motion to Stay Discovery until May 30th. Thus, the parties request a second extension of time for Hunt to file his opposition to Zuffa and White's Motion to Dismiss (joined by Lesnar) until May 30, 2017, eight days following the new hearing date on Defendants' Motions to Dismiss.

Good cause exists for this Court to again extend the date for Hunt to file his opposition to the Motion to Stay Discovery. No hearing date has been given for the Motion to Stay Discovery. Moreover, the parties agree that they are more likely to have productive discussions regarding a potential stipulation that may eliminate the need for or reduce the scope of the Motion to Stay following the hearing on Defendants' Motions to Dismiss, currently set for May 22, 2017.

Based on the foregoing, the parties hereby stipulate and request that the Court issue an Order extending the deadline for Hunt to file an opposition to Zuffa and White's Motion to Stay Discovery until May 30, 2017.

IT IS SO ORDERED.