STIPULATION AND ORDER TO CONTINUE SETTLEMENT CONFERENCE

CARL W. HOFFMAN, Magistrate Judge.

Plaintiffs ROBERT NUNEZ RUIZ and TERESA LYNN RUIZ (collectively, "RUIZ"), each appearing in the proper person, and Defendant STEWART TITLE GUARANTY COMPANY ("STGC"), by and through its attorneys, Gerrard Cox Larsen, jointly file this Stipulation and Order To Continue Settlement Conference, and state as follows:

On March 19, 2018, Defendant STGC's parent company, Stewart Information Services Corporation, entered into an agreement to be acquired by Fidelity National Financial, Inc. ("Fidelity"). The sale of STGC to Fidelity is currently pending. See Affidavit of John M. Langeveld, Esq., attached hereto as Exhibit "A", and incorporated by this reference herein.

On April 9, 2018, this Court entered its Order Scheduling A Settlement Conference, which set a settlement conference in this case for Friday, June 8, 2018, at 8:30 a.m. and which required the Parties to submit confidential Settlement Conference Statements by Friday, June 1, 2018, at 12:00 p.m. [ECF No. 25].

Thereafter, on Tuesday, May 29, 2018, counsel for STGC was contacted by STGC, and informed that because of the pending sale, numerous STGC employees had left STGC, leaving no representative to attend the scheduled Settlement Conference. See Ex. "A".

This Court's April 9, 2018 Order Scheduling A Settlement Conference provides in relevant part:

See [ECF No. 25].

Upon learning of this unforeseeable issue, STGC's counsel immediately contacted the Court's staff to determine if an STGC representative could participate by telephone in the Settlement Conference. Ex. "A". STGC's counsel was informed that the Court would not permit this, leaving STGC with no choice but to seek a new date when a representative could appear in person. Ex. "A".

The above being the case, the Parties now hereby stipulate and agree, as follows:

1. Because an STGC representative is unable to attend the Settlement Conference currently set for Friday, June 8, 2018, at 8:30 a.m., the Parties now hereby stipulate and agree that it is necessary to continue the Settlement Conference to a later date, so that STGC's representative will be able to attend the Settlement Conference in person, per the Court's Order.

2. Accordingly, the parties hereby stipulate and agree to reschedule the Settlement Conference to Tuesday, August 21, 2018, at 8:30 a.m. Furthermore, in accordance with the schedule set forth in the Court's Order Scheduling A Settlement Conference, the Parties shall submit their confidential Settlement Conference Statements one week prior to the Settlement Conference, no later than Tuesday, August 14, 2018, at 12:00 p.m.

3. In addition, because of the Parties' need to continue the Settlement Conference date, the Parties also hereby stipulate and agree to extend the following, operative Pre-Trial deadlines [ECF No. 16 — Stipulation and Order to Extend Discovery Deadlines], by an additional 90 days, as follows:

4. A trial date has not yet been set in this matter. Because of the Parties' need to continue the Settlement Conference date, the Parties also hereby stipulate and agree to amend their trial availability dates, previously set forth in their Joint Interim Status Report [ECF No. 26], by an additional 90 days, as follows:

IT IS SO STIPULATED.

ORDER

Having reviewed the foregoing Stipulation of the Parties, and finding good, just, and sufficient cause therefore, it its hereby entered as an Order of the Court.

IT IS SO ORDERED.

EXHIBIT A

AFFIDAVIT OF JOHN M. LANGEVELD, ESQ. IN SUPPORT OF STIPULATION AND ORDER TO CONTINUE SETTLEMENT CONFERENCE

I, John M. Langeveld, Esq., of the law firm GERRARD COX & LARSEN, do hereby swear under penalty of perjury that the following assertions are true to the best of my knowledge and belief, and as provided to me by my client:

1. Affiant is an attorney for Defendant STEWART TITLE GUARANTY COMPANY in this matter.

2. That by and through my own personal knowledge, recollection, and involvement of the matters related thereto, and asserted herein, that I am familiar with and have knowledge relating to the following, as set forth below.

3. On or about March 19, 2018, STGC informed our office that STGC's parent company, Stewart Information Services Corporation, had entered into an agreement to be acquired by Fidelity National Financial, Inc. ("Fidelity"). The sale of STGC to Fidelity is currently pending.

4. On Tuesday, May 29, 2018, I was contacted via telephone by STGC and informed that because of the pending sale, numerous STGC employees had left STGC, which left no available representative to attend the June 8, 2018, Settlement Conference.

5. Upon learning of this unforeseeable issue, I immediately contacted Judge Hoffman's chambers to inquire if an STGC representative could participate by telephone in the Settlement Conference.

6. I was informed by Judge Hoffman's staff that the Judge would not permit STGC's representative to participate by telephone, and was provided with alternative dates in August, 2018, to reschedule the Settlement Conference for a later date when STGC's representative could attend.

7. Further your Affiant sayeth naught.

John M. Langeveld, Esq. SUBSCRIBED AND SWORN to before me this 4th day of June, 2018. NOTARY PUBLIC