Opinion
STEVEN G. TIDRICK, Bar No. THE TIDRICK LAW FIRM, Berkeley, CA, Attorneys for Plaintiffs RICHARD FONTENBERRY, HUNTER BLAINE, and KEITH WARD
JULIE A. DUNNE, Bar No. 160544, DAWN FONSECA, Bar No. 259405 LITTLER MENDELSON, P.C., San Diego, CA, Attorneys for Defendant MV TRANSPORTATION, INC.
STIPULATION TO CONTINUE DATE OF HEARING ON MOTION FOR APPROVAL OF HOFFMAN-LA ROCHE NOTICE; ORDER THEREON
TROY L. NUNLEY, District Judge.
Pursuant to Local Rules 143-144 and 230(f), the Parties seek to continue the hearing on Plaintiffs' Motion for Approval of Hoffmann-La Roche Notice. Accordingly, the Parties stipulate:
1. Plaintiffs filed their Motion for Approval of Hoffmann-La Roche Notice on July 22, 2013, and set the matter for hearing on September 5, 2013 at 2:00 p.m.
2. Since that time, the Parties have determined that, to conserve the resources of both the Court and the Parties, the Parties should submit the case to mediation in an effort to reach a settlement.
3. Accordingly, the Parties have met and conferred regarding the conditions under which Plaintiffs and MV Transportation are willing to submit the case to mediation and have agreed that, assuming the Court will approve, the hearing date on Plaintiffs' Motion should be continued to October 31, 2013, to allow time for the Parties to mediate the case.
4. Indeed, continuing the hearing date will allow the Parties to focus finite resources on pursuing a meaningful mediation, rather than obligating MV Transportation to expend time and energy in opposing Plaintiffs' Motion prior to mediation.
5. The Parties agree that MV Transportation's deadline to oppose Plaintiffs' Motion should therefore be continued to a date 14 days preceding the continued hearing, i.e. October 17, 2013.
Based upon the foregoing, the parties respectfully request that the Court continue the currently scheduled hearing on Plaintiffs' Motion for Approval of Hoffmann-La Roche Notice to October 31, 2013 at 2:00 p.m., with MV Transportation's deadline to oppose Plaintiffs' Motion set 14 days before the continued hearing date.
PURSUANT TO STIPULATION, IT IS SO ORDERED.