JOINT MOTION AND STIPULATION TO EXTEND DEFENDANTS' TIME TO RESPOND TO INITIAL COMPLAINT

GARLAND E. BURRELL, Jr., Senior District Judge.

WHEREAS, Plaintiff CRAIN WALNUT SHELLING, INC. ("Plaintiff") filed a Complaint in the within action on October 17, 2014;

WHEREAS, HILL COUNTRY BAKERY, LLC and AUSTIN FREIGHT SYSTEMS, INC. (collectively "Defendants") filed Notice of Removal on January 6, 2015, making their response to Plaintiff's initial Complaint due on or before January 13, 2015;

WHEREAS, the parties agreed that Defendants shall have through and including March 12, 2015, to respond to Plaintiff's initial Complaint;

WHEREAS, on February 4, 2015, Plaintiff's insurer filed a subrogation action against Defendants, which Defendants removed on March 4, 2015 and which is pending Judge Morrison C. England, Jr. of this Court as Nationwide Agribusiness Insurance Company v. Hill Country Bakery et al., Case No. 2:15-CV-00488-MCE-CMK (the "Subrogation Action");

WHEREAS, one or more of the parties will file a Notice of Related Case regarding the Subrogation Action;

WHEREAS, the parties desire to pursue settlement discussion of this action and the Subrogation Action and also to set response dates that are the same dates; and

WHEREAS, the parties have agreed that both Defendants may have additional time to respond to the initial Complaint to enable the parties to further discuss the merits of their respective claims and defenses and the potential to resolve this action without the need for further litigation;

IT IS HEREBY STIPULATED AND AGREED between the parties, by and through their counsel of record, and the parties hereby move this Court, as necessary, for an order providing, that Defendants shall have through and including April 3, 2015, to respond to Plaintiff's initial Complaint.

PROPOSED ORDER

The Court having reviewed the foregoing Stipulation, orders that both Defendants shall have through and including April 3, 2015, to respond to Plaintiff's initial Complaint.