STIPULATION TO EXTEND TIME FOR DEFENDANT TO RESPOND TO CLASS ACTION COMPLAINT; ORDER THEREON

WILLIAM B. SHUBB, District Judge.

WHEREAS, on June 15, 2018, plaintiff Tyrone Barnes ("Plaintiff") filed a Class Action Complaint against Windham Professionals, Inc. ("Defendant") alleging violations of the Telephone Consumer Protection Act (47 U.S.C. § 227, et seq.) (the "TCPA);

WHEREAS, Defendant contends that, among other things, the system used by Defendant to contact Plaintiff was not an "auto-dialer" as encompassed by TCPA, and that Defendant therefore has not violated the TCPA;

WHEREAS, the parties have been in communication and have been discussing the exchange of information which could result in the resolution of this matter; and

WHEREAS, Plaintiff has previously granted Defendant a 28 day extension to respond to the Complaint to attempt to facilitate resolution of this matter,

THE PARTIES HEREBY STIPULATE AND AGREE, subject to Court approval, as follows:

Pursuant to Eastern District of California Local Rule 144(a), subject to Court approval, Defendant shall have an additional thirty (30) days to respond to the Complaint. Defendant's response shall therefore be due September 6, 2018.

ORDER

The Court, having reviewed and considered the parties' Stipulation to Extend Time for Defendant to Respond to Class Action Complaint (the "Stipulation"), and good cause appearing therefore,

IT IS HEREBY ORDERED AS FOLLOWS:

Defendant Windham Professionals, Inc. ("Defendant") shall have an additional thirty (30) days to respond to the Class Action Complaint of plaintiff Tyrone Barnes. Defendant's response shall therefore be due September 6, 2018.