STIPULATION AND ORDER FOR FILING OF SECOND AMENDED COMPLAINT

GARY S. AUSTIN, Magistrate Judge.

Whereas, the Parties wish to resolve any disagreement related to Plaintiff's filing of a Second Amended Complaint;

Whereas, the parties have agreed that Plaintiff will withdraw his Motion for Leave to File a Second Amended Complaint, Docked No. 41;

Whereas, the Plaintiff has agreed to refrain from running radio advertising related to Defendant for the pendency of this case;

Whereas, Defendant has agreed to provide the contact information (name, address, and telephone number) for the Class upon Court Order if and when the issue of the need for an opt-out notice is raised before the Court and the Court orders disclosure of the class list with or without an opt-out notice;

Whereas, Plaintiff has agreed to appear for deposition at a mutually agreeable time and place for the limited purpose of examination on the issue of the amendments to the First Amended Complaint contained in the Second Amended Complaint.

THEREFORE, IT IS HEREBY STIPULATED by and between the parties hereto through their respective attorneys of record that Plaintiff may file a Second Amended Complaint, a copy of which is attached hereto.

ORDER

Based on the above stipulation between the parties, Plaintiffs are granted leave to file a Second Amended Complaint ("SAC"). The Clerk of the Court is directed to file in Plaintiffs' SAC that is an attachment to the Stipulation and Proposed Order (ECF No. 44-1) as a separate docket entry.

Since the parties have stipulated to the amendment and Plaintiffs have filed a Notice of Withdrawal of the Motion for Leave to Amend the Complaint, the hearing set for October 23, 2015 at 9:30 a.m. is VACATED.

IT IS SO ORDERED.