STIPULATION AND [PROPOSED] ORDER CONCERNING SCHEDULE FOR BRIEFING ISSUE OF DEMAND REFUSAL

JON S. TIGAR, District Judge.

WHEREAS, Plaintiff Feuer ("Plaintiff") filed the Verified Derivative Complaint on May 16, 2018;

WHEREAS, Plaintiff filed the Amended Complaint on June 20, 2018;

WHEREAS, Defendants have been served with, or have agreed to waive service of, the Amended Complaint;

WHEREAS, Plaintiff inadvertently omitted Lloyd Dean and Elizabeth Duke (named as Individual Defendants in Plaintiff's initial complaint) from the caption of the Amended Complaint and clarify that Mr. Dean and Ms. Duke remain Individual Defendants;

WHEREAS, counsel for the parties have conferred and agreed, subject to the Court's approval, that (a) briefing on motions to dismiss the Amended Complaint shall be bifurcated, such that Wells Fargo's motion to dismiss on the issue of demand refusal will be briefed and decided first, to be followed, if necessary, by other Defendants' motions to dismiss on Fed. R. Civ. P. 12(b)(6) grounds; and (b) Wells Fargo's deadline for moving to dismiss the Amended Complaint for failure to plead wrongful refusal of demand shall be September 7, 2018, with Plaintiff's opposition brief due on October 8, 2018, and Wells Fargo's reply brief due on October 29, 2018.1

NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, between the parties, by and through their counsel, that (a) briefing on motions to dismiss the Amended Complaint shall be bifurcated such that Wells Fargo's motion to dismiss on the issue of demand refusal shall be briefed and decided first, followed by the other Defendants' motions to dismiss on 12(b)(6) grounds (if necessary); and (b) the following briefing schedule for Wells Fargo's motion shall be in effect:

ATTESTATION PURSUANT TO CIVIL L.R. 5-1(i)(3)

I, Brendan P. Cullen, in compliance with Civil L.R. 5-1(i)(3), 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.