STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE

JON S. TIGAR, District Judge.

WHEREAS, on February 8, 2017, the Court entered an order setting the briefing schedule on Defendants' motion to dismiss the Consolidated Complaint on the threshold issue of demand futility [Dkt. 81];

Whereas, the February 8, 2017 order preserved Defendants' right to assert other defenses, including by motion or otherwise, after the Court's consideration of Defendants' demand futility motion to dismiss;

WHEREAS, on February 24, 2017, Lead Plaintiffs Fire and Police Pension Association of Colorado and The City of Birmingham Retirement and Relief System filed their Consolidated Amended Verified Stockholder Derivative Complaint [Dkt. 83];

WHEREAS, on March 17, 2017, Defendants filed their motion to dismiss for failure to adequately plead demand futility [Dkt. 99], which Plaintiffs opposed on April 3, 2017 [Dkt. 115] and Defendants replied to on April 14, 2017 [Dkt. 116];

WHEREAS, on May 4, 2017, the Court held argument on Defendants' motion to dismiss on demand futility grounds;

WHEREAS, on May 4, 2017, the Court denied in part and granted in part Defendants' motion to dismiss [Dkt. 129], holding that Plaintiffs had adequately pled demand futility;

WHEREAS, the parties have conferred and agreed on a schedule for briefing any remaining motions to dismiss pursuant to Federal Rule of Civil Procedure 12 that Defendants intend to make;

NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, between Lead Plaintiffs, by and through their counsel, and Defendants, by and through their counsel, that the following schedule shall be in effect for the filing of Defendants' motions to dismiss pursuant to Rule 12:

ATTESTATION PURSUANT TO GENERAL ORDER 45

I, Richard M. Heimann, in compliance with General Order 45, Section X(B), hereby attest that I obtained the concurrence of all of the above-listed counsel in filing this document.

ORDER

THE FOREGOING STIPULATION IS APPROVED AND IT IS SO ORDERED.