STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT AND CONTINUE INITIAL CASE MANAGEMENT CONFERENCE (L.R. 6-1)

NATHANAEL COUSINS, Magistrate Judge.

WHEREAS, Plaintiff PERFORMANT FINANCIAL CORPORATION caused the Summons and Complaint in this action to be served on Defendant PERFORMANT SYSTEMS GROUP. LLC on December 23, 2013; and

WHEREAS, in accordance with Federal Rule of Procedure 12(a), Defendant's response to the Complaint was due within twenty-one days after the December 23, 2013 service of the Summons and Complaint or on January 13, 2014; and

WHEREAS, in order to discuss an informal resolution of this matter, the parties filed herein on January 8, 2014, their initial Stipulation To Extend Time To Respond To Initial Complaint (Doc. 10), which extended Defendant's time to respond to the Complaint by thirty days, from January 13, 2014, until and including February 12, 2014; and

WHEREAS, following entry of the aforesaid Stipulation, the parties reached a conditional settlement; and

WHEREAS, to allow time for the completion and satisfaction of the specified conditional settlement terms without incurring further costs of litigating this matter, the parties filed herein their second Stipulation To Extend Time To Respond To Initial Complaint (Doc. 11), which extended Defendant's time to respond to the Complaint by one hundred eighty (180) days, from February 12, 2014, until and including August 11, 2014; and

WHEREAS, to allow time for Plaintiff to ascertain Defendant's fulfillment of the specified conditional settlement terms, Defendant has requested and Plaintiff has agreed to an extension of time within which Defendant must respond to the Complaint of thirty (30) days, until and including September 11, 2014; and

WHEREAS, the parties anticipate at this time that fulfillment of all of the settlement conditions will be confirmed and that no further extensions of time within which Defendant must respond to the Complaint will be necessary; and

WHEREAS, this extension will alter the dates of deadlines previously fixed by this Court's order of December 19, 2013 (Doc. 5), including the date of the initial Case Management Conference in this action, which is currently set for September 17, 2014;

NOW THEREFORE, it is hereby stipulated by and between the undersigned counsel for the parties herein, that:

ORDER

Upon consideration of the parties' stipulation and good cause appearing, IT IS HEREBY ORDERED THAT: