STIPULATION AND ORDER TO CONTINUE DEADLINES IN RESPONSE TO DEFENDANT'S MOTION TO DISMISS JURY TRIAL DEMAND

HAYWOOD S. GILLIAM, Jr., District Judge.

I. RECITALS

1. MusclePharm Corp. ("MP") has filed a motion to dismiss the First Amended Complaint ("FAC") set for hearing on October 15, 2015.

2. Under the local rules Plaintiff's response date would be September 10, 2015, and MP's reply date September 17, 2015.

3. When meeting and conferring regarding the hearing date, Plaintiff's counsel Mary Reiten informed defense counsel that she is scheduled for surgery on August 31, 2015, and would be out of the office until September 14, 2015. Ms. Reiten will be taking the lead in briefing a response to MP's motion to dismiss.

4. In addition, Plaintiff's counsel Michael Ram is also scheduled for surgery on August 31, 2015, and his return date is unknown at this time. And Plaintiff's counsel Susan Brown has a prearranged vacation from September 7-11, 2015.

5. Defense counsel agreed during the meet-and-confer to set out the deadline for Plaintiff's response given Ms. Reiten's scheduled surgery to September 28, 2015.

II. STIPULATION

In light of the foregoing, the parties HEREBY STIPULATE:

1. Plaintiff's response to MP's motion to dismiss shall be due on September 28, 2015.

2. Defendant's reply to Plaintiff's response shall be due on October 5, 2015.

III. ATTESTATION

I hereby attest that I have on file all holographic signatures corresponding to any signatures indicated by a conformed signature (/s/) within this e-filed document.

IV. ORDER

IT IS SO ORDERED.