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Jesse Helton; Alisha Piccirillo; Chad Lowe; Individually and On Behalf of All Others Similarly Situated v. Factor 5

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


October 28, 2011

JESSE HELTON; ALISHA PICCIRILLO; CHAD LOWE; INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
FACTOR 5, INC.; FACTOR 5, LLC; BLUHARVEST, LLC; WHITEHARVEST, LLC; JULIAN EGGEBRECHT; HOLGER SCHMIDT; THOMAS ENGEL; AND DOES 1-100,
DEFENDANTS.

The opinion of the court was delivered by: Saundra Brown Armstrong United States District Judge

STIPULATION AND [PROPOSED] XXXXXXXXX ORDER FOR SCHEDULING MATTERS RELATED TO INDIVIDUAL DEFENDANTS' MOTION FOR SUMMARY ADJUDICATION

Plaintiffs Jesse Helton, Alisha Piccirillo, and Chad Lowe ("Plaintiffs" ) and Defendants Julian Eggebrecht, Holger Schmidt, and Thomas Engel ("Individual Defendants") hereby jointly apply, by way of stipulation, for an Order concerning a briefing schedule for the Individual Defendants' recently filed Motion for Summary Adjudication and related scheduling issues.

The Individual Defendants filed their Motion for Summary Adjudication on October 20, 2011. Plaintiffs served the Individual Defendants with deposition notices for October 31, 2011 through November 2, 2011. The Individual Defendants and their counsel have indicated they are unavailable for deposition until December 13, 2011. The Motion for Summary 7011 (f) - Adjudication is scheduled for a hearing on March 6, 2012. Plaintiffs' opposition to the motion 217 - 0405 (t) 415 is currently scheduled for November 4, 2011.

It is hereby stipulated and agreed by and between the parties, through their respective -814 - attorneys of record, as follows:

1. The Individual Defendants will make themselves available for depositions on December 13, 14, and 15, 2011, commencing at 9:00 a.m.

2. Per FRCP 30(d)(2) the deposition shall be limited to seven hours.

3. Current deadlines for the Individual Defendants' Motion for Summary 400 Montgomery Street, Suite 501 Adjudication are vacated.

4. Plaintiffs' Opposition to the Individual Defendants' Motion for Summary Adjudication shall be filed and served no later than January 9, 2012.

5. The Individual Defendants' Reply papers shall be filed and served no later than January 24, 2012.

The parties to this stipulation believe that good cause exists and agree to this briefing and deposition schedule.

IT IS SO STIPULATED:

Dated: October 27, 2011 SMITH LILLIS PITHA LLP By: / s / JAMES SMITH 7011 (f) Dated: October 27, 2011 BARTLETT,LEADER-PICONE&YOUNG -217 -0405 (t) 415 -By: / s /814 MALCOLM LEADER-PICONE 400 Montgomery Street, Suite 501

IT IS SO ORDERED

20111028

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