STIPULATION AND ORDER DEFERRING DEADLINES TO RESPOND TO THE COMPLAINT

TROY L. NUNLEY, District Judge.

Pursuant to Civil Local Rule 144 and Federal Rule of Civil Procedure 6, the parties hereby stipulate, subject to the Court's approval, as follows:

WHEREAS, this securities class action lawsuit was instituted in this district on September 11, 2014, on behalf of all persons who purchased or otherwise acquired the publicly traded securities of Marrone Bio Innovations, Inc. ("Marrone") between March 7, 2014, and September 2, 2014;

WHEREAS, this securities class action lawsuit is governed by the Private Securities Litigation Reform Act of 1995, 15 U.S.C. § 78u-4 et seq. (the "Reform Act");

WHEREAS, a lead plaintiff has not yet been appointed pursuant to 15 U.S.C. § 78u-4(a)(3)(B) of the Reform Act;

WHEREAS, the Court issued an Order Requiring Joint Status Report on September 11, 2014 (Dkt. No. 2) setting deadlines for the parties' conference pursuant to Fed. R. Civ. P. 26(f);

WHEREAS, counsel for the parties have met and conferred and agreed that the due date for defendants' responses to the complaint and the filing of a joint status report should be deferred until a lead plaintiff is appointed;

WHEREAS, the agreed-upon extension is not for the purpose of delay, promotes judicial efficiency, and will not cause prejudice to either party;

WHEREAS, no previous extension of this deadline has been sought;

NOW, THEREFORE, in the interest of judicial economy and good cause showing, the parties, by and through their undersigned counsel of record, hereby agree and stipulate, and the Court hereby orders, as follows:

1. Without prejudice to any parties' right to seek interim relief, Defendants shall have no obligation to answer or otherwise respond to the complaint until after the Court appoints a lead plaintiff and lead counsel pursuant to the provisions of the Reform Act.

2. Defendants will meet and confer with the court-appointed lead counsel within twenty (20) days following the appointment of a lead plaintiff and lead counsel to (a) confirm whether the lead plaintiff will file a new complaint that supersedes all previously filed complaints or deem the existing complaint operative; (b) establish a common response date for all defendants, including a briefing schedule on defendants' anticipated motions to dismiss and (c) establish a date to provide the Court with the Joint Status report as set forth in the Order of September 11, 2014.

ORDER

Pursuant to the stipulation, it is SO ORDERED.