VICTOR v. R.C. BIGELOW, INC.

STIPULATION RE: AMENDED PRE-TRIAL AND TRIAL SCHEDULE; ORDER

WILLIAM H. ORRICK, District Judge.

Pursuant to Civil Local Rules Plaintiff Adam Victor, on behalf of himself and all others similarly situated ("Plaintiff"), and Defendant R.C. Bigelow, Inc. ("Bigelow"), through their undersigned counsel, hereby move and stipulate as follows:

WHEREAS, this action was filed in this Court on June 27, 2013;

WHEREAS, on January 15, 2014, Bigelow filed a Motion to Dismiss, or in the Alternative, Motion to Strike the Complaint;

WHEREAS, on February 19, 2014, the Court heard oral argument on Bigelow's Motion, which ultimately was granted in part and denied in part, with leave to amend.

WHEREAS, on April 12, 2014, Plaintiff timely filed his Amended Class Action Complaint;

WHEREAS, on May 15, 2014 Bigelow filed a Motion to Dismiss the First Amended Complaint ("Motion");

WHEREAS, on July 9, 2014 the Court heard oral argument on Bigelow's Motion and at the hearing the Court stated that the Motion would be denied at least in part and requested that the parties provide the Court a proposed stipulated schedule as to how the case should proceed after the Court issues its Order on the pending Motion to Dismiss the Amended Complaint.

WHEREAS on July 16, 2014, pursuant to the direction of the Court, the Parties entered a joint Stipulation regarding the Pretrial Schedule.

WHEREAS on July 17, 2014 this Court entered its Amended Order regarding the Pretrial Schedule setting the following dates:

WHEREAS, on July 18, 2014 this Court issued its Opinion granting in part and denying in part Defendants Motion to Dismiss.

WHEREAS, on August 7, 2014, Defendant answered the Second Amended Complaint.

WHEREAS discovery has been ongoing and diligently pursued and responded to, but the parties agree that additional time is needed to complete the necessary discovery to file and respond to the Motion for Class Certification.

WHEREAS, the parties have agreed a proposed amended schedule whereby the date for Plaintiff to file the Motion for Class Certification would be extended thirty days and would be due on March 13, 2015 and Defendant's opposition would be due on April 29, 2015. Otherwise the schedule set by the Court would remain the same, including the due date of Plaintiff's reply brief on the Motion for Class Certification, the class certification hearing, the Discovery cut-off, dispositive motions, pretrial conference and trial.

IT IS HEREBY STIPULATED AND AGREED by the parties, through their counsel to the following schedule for the related Khasin v. R.C. Bigelow and Victor v. R.C. Bigelow cases:

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED, as modified below: