AMENDED STIPULATION AND ORDER TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT

JOHN A. MENDEZ, District Judge.

Plaintiff TIFFANY ANNE HODGES ("Plaintiff") and Defendant IN-SHAPE HEALTH CLUBS, LLC, a limited liability company ("Defendant"), stipulate and agree as follows:

WHEREAS Defendant removed this matter from San Joaquin Superior Court on June 21, 2017; and

WHEREAS Defendant filed a motion to dismiss, which was set to be heard on September 19, 2017. This motion was denied without prejudice for the Parties to engage in additional meet and confer efforts and was re-filed and set to be heard on November 7, 2017; and

WHEREAS Plaintiff filed a motion for leave to amend, which was granted on October 2, 2017; and

WHEREAS Plaintiff filed the First Amended Complaint on October 5, 2017;

WHEREAS Plaintiff's Motion for Remand was taken under advisement by the Court and, if necessary during the interim, Defendant will file a response to the First Amended Complaint within two weeks; and

WHEREAS counsel for the Parties are in the process of meeting and conferring on the terms of a stipulation to submit this matter to binding private arbitration; and

WHEREAS the parties wish to focus efforts on this alternative dispute resolution; and

WHEREAS no prior extensions for Defendant to respond have been sought or granted;

IT IS HEREBY STIPULATED AND AGREED that the deadline for Defendant to file a responsive pleading to the First Amended Complaint shall be continued from October 25, 2017 to November 8, 2017.

SO STIPULATED AND AGREED.

ORDER

Having reviewed the above stipulation of the parties, and good cause appearing therefore, it is ordered that:

1) The time for Defendant to file a responsive pleading or otherwise respond to the First Amended Complaint shall be continued to November 8, 2017.

IT IS SO ORDERED.