The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge
STIPULATION AND ORDER CONTINUING MANDATORY SCHEDULING CONFERENCE AND EXTENDING ALL RELATED DEADLINES Complaint filed: July 10, 2012 STIPULATION AND [PROPOSED] ORDER CONTINUING MANDATORY SCHEDULING CONFERENCE AND EXTENDING ALL RELATED DEADLINES - Case No.: 1:12-CV-01127-LJO-SKO Pursuant to United States District Court for the Eastern District of California Local Rule 144 and Federal Rule of Civil Procedure, Rule 6, Plaintiff LEON S. PENCE 3 ("Plaintiff") and Defendants AT&T PENSION BENEFIT PLAN and PACIFIC BELL TELESIS 4 GROUP COMPREHENSIVE DISABILITY BENEFITS PLAN, which is Specially Appearing 5 for purposes of this Stipulation, ("Defendants"), by and through their undersigned attorneys, 6 hereby stipulate and agree as follows: 7
WHEREAS, pursuant to Federal Rule of Civil Procedure, Rule 16, on July 11, 2012, the Court set the Mandatory Scheduling Conference for October 16, 2012 in the 9 above-referenced Action;
WHEREAS, Defendants were sent a Request for Waiver of Service of Summons on September 11, 2012;
WHEREAS, Defendants returned the executed Waiver of Service of Summons on September 18, 2012;
WHEREAS, based on their return of the Request for Waiver of Service of Summons, Defendants' date to respond to Plaintiff's complaint is not until November 13, 2012;
WHEREAS, the Parties are in the process of conferring about the identity of the proper Defendants and the possibility of an amendment to the Complaint to name the appropriate party-Defendants;
WHEREAS, this stipulation does not in any way constitute a responsive pleading by Defendants and Defendants reserve all arguments -- including regarding the appropriateness of parties named;
WHEREAS, the parties have not previously requested any continuances in this matter;
IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff and Defendants, by and through their respective undersigned attorneys of record, WHEREAS, 3 the parties have STIPULATED to continue the Mandatory Scheduling Conference until 4
Tuesday, December 18, 2012 or as soon thereafter as ordered by the Court and continue 5 the related dates as follows: 6
* The parties shall complete the Federal Rule of Civil Procedure, Rule 7 26(f) Conference no later than November 28, 2012. 8
* The parties shall exchange initial disclosures by no later than December 11, 2012.
* The parties shall file the Joint Scheduling Report by no later than ...