SECOND STIPULATION AND [PROPOSED] ORDER RE: DEFENDANT SCOT BARR'S RESPONSE TO THIRD AMENDED COMPLAINT OR IN THE ALTERNATIVE TO RESPOND TO THE SECOND AMENDED COMPLAINT

VINCE CHHABRIA, District Judge.

Plaintiff McDonald and defendant Barr hereby stipulate through their undersigned counsel of record as follows:

WHEREAS, McDonald and Barr had previously entered into a stipulation setting the deadline for defendant Barr to respond to the Third Amended Complaint for 21 days after the Court had issued its ruling on pending Motions to Dismiss and Motions to Strike the Second Amended Complaint filed by County of Marin, Mill Valley and Contra Costa County. This stipulation was entered as an order by the Court on November 25, 2014. (Docket No. 29.)

WHEREAS, following the entry of the order, McDonald filed a Motion for Leave to file a Third Amended Complaint. McDonald, the State of California, Mill Valley, and County of Marin entered into a Stipulation to take off calendar the defendant's pending motions to dismiss and motion to strike the Second Amended Complaint while the Court resolved whether to grant leave for plaintiff to file Third Amended Complaint. (Docket 30.)

WHEREAS, McDonald and defendant Souza stipulated that Souza' responsive pleading shall be due 30 days following the entry of the Third Amended Complaint (if Plaintiff's motion is granted), or 30 days following the entry of the order denying motion (if Plaintiff's motion is denied). (Docket 32.)

WHEREAS, the Court issued a scheduling order on December 5, 2014, taking off calendar the motions to dismiss and strike the Second Amended Complaint. (Docket 33).

WHEREAS, Barr does not intend to oppose plaintiff's Motion for Leave to File a Third Amended Complaint.

WHEREAS, in the interests of an orderly calendar McDonald and Barr hereby stipulate as follows.

1. If the Court grants plaintiff's Motion for Leave to file a Third Amended Complaint, the deadline for Barr's response to the Third Amended Complaint shall be 30 days after the date of entry of the Court's order granting plaintiff's motion.

2. In the alternative, if the Court denies plaintiff's Motion for Leave to file a Third Amended Complaint, the deadline for Barr's response to the Second Amended Complaint shall be 30 days after the date of entry of the Court's order denying plaintiff's motion.

3. The undersigned counsel for Barr agrees to accept service of the Third Amended Complaint, if any, via email.

IT IS SO STIPULATED:

ORDER

PURSUANT TO THE STIPULATION OF PLAINTIFF DAVID McDONALD and DEFENDANT SCOT BARR, IT IS SO ORDERED.