STIPULATION TO EXTEND HEARING DATE FOR EMERGENCY MOTION FOR PROTECTIVE ORDER BY DEFENDANT THOMAS WELLS, MOVANT PRIORITY PAYOUT CORP.

First Request

PEGGY A. LEEN, Magistrate Judge.

IT IS HEREBY STIPULATED by and between the parties, Plaintiff Federal Trade Commission ("FTC"), Defendant Thomas Wells, and Movant Priority Payout Corp. (collectively "the Parties"), by the through their respective counsel of record, that the date for the hearing on the Emergency Motion for Protective Order [ECF No. 62], currently set for November 6, 2018, should be continued for a period of at least 45 days. The Parties are engaged in active settlement discussions regarding a final order that would resolve all matters in dispute between them. A continuance of the hearing would allow the Parties to focus on their negotiations, and avoid the expenditure of time and resources—both the Parties' and the Court's—on a dispute that settlement would render moot. Thus there is good cause for the Court to continue the hearing. This is the Parties' first stipulation and request to extend the hearing date, and is not sought for reasons of delay or for any improper purpose.

IT IS FURTHER STIPULATED that the Parties shall have the option to appear for the hearing on the Emergency Motion for Protective Order by telephone.

SO STIPULATED AND AGREED

FOR DEFENDANT AND MOVANT

ORDER

For good cause appearing, the Parties' foregoing stipulation is GRANTED. It is ORDERED that the hearing scheduled in this matter for November 6, 2018 at VACATED, and such hearing is re-set to the date and time set forth below

Additionally, the Parties' counsel shall have permission to appear telephonically at this rescheduled hearing, and shall make arrangements with chambers for such telephonic appearances before the hearing date by contacting Jeff Miller at (702) 464-5570 no later than 4:00 p.m. January 4, 2019.