STIPULATION AND ORDER EXTENDING TIME TO FILE AMENDED COMPLAINT AND PLEADING IN RESPONSE THERETO

SHEILA K. OBERTO, Magistrate Judge.

TO THE HONORABLE COURT:

WHEREAS the defendants filed a motion to dismiss and for judgment on the pleadings on November 13, 2015 (Dkt. No. 34); and

WHEREAS, based on the December 15, 2015 hearing date, the plaintiff's opposition is due on or before December 1, 2015 pursuant to Eastern District Local Rule 230(c); and

WHEREAS plaintiff intends to file an amended complaint in accordance with Federal Rule of Civil Procedure 15(a)(1)(B) no later than December 11, 2015; and

WHEREAS permitting plaintiff to file an amended complaint will further the just, speedy and efficient resolution of this action; and

WHEREAS lead defense counsel's schedule will not permit him to file a responsive pleading to the plaintiff's amended complaint before the end of January 2016.

IT IS HEREBY STIPULATED that the plaintiff will have until December 11, 2015 to file an amended complaint. Defendants will then have until January 28, 2016 to file a responsive pleading to the amended complaint. The pending motion shall be taken off the calendar based on the plaintiff's intended filing of an amended complaint, and it will be the parties' responsibility to place the motion back on the calendar if the plaintiff does not file an amended complaint by December 23, 2015. In light of the foregoing, the dates presently designated as the deadline for filing the parties' joint scheduling report and the scheduling conference (Dkt. No. 37) shall be re-set as the Court deems appropriate.

ORDER

Pursuant to the parties' stipulation, IT IS HEREBY ORDERED that Plaintiff shall file an amended complaint by no later than December 11, 2015. Defendants' response to the amended complaint shall be filed by no later than January 28, 2016.

IT IS SO ORDERED.