JOINT STIPULATION EXTENDING TIME TO FILE SECOND AMENDED COMPLAINT

CHARLES R. BREYER, District Judge.

WHEREAS, Plaintiff Joshua Smith ("Plaintiff") filed his First Amended Class Action Complaint on July 3, 2014, against Defendants Pegatron USA, ASRock America, Inc., and Fatality, Inc ("Defendants.") (Dkt. 34.)

WHEREAS, as set forth in their March 13, 2015 Joint Case Management Statement, and in light of the documents and information exchanged between the parties, Plaintiff indicated his intention to file an amended complaint, which would dismiss Pegatron USA and add ASRock, Inc. as a party-defendant. (Dkt. 65 § V.)

WHEREAS, following the parties' March 20, 2015 case management conference, the Court instructed Plaintiff to file his amended complaint by April 10, 2015. (Dkt. 67.)

WHEREAS, because the parties are continuing to engage in good faith and productive settlement discussions, the parties believe that a brief, seven (7) day extension of Plaintiff's current amendment deadline (i.e., from April 10, 2015 to April 17, 2015) will provide the them with a full opportunity to complete their discussions, which have the potential to result in dismissal of this case.

WHEREAS, the stipulation is not being filed for purposes of delay, but rather, to avoid the filing of additional pleadings that may be unnecessary. THEREFORE, the parties hereby stipulate and agree as follows:

STIPULATION

1. The parties, by and through their undersigned counsel, hereby stipulate and respectfully request that Plaintiff's deadline to file a second amended complaint be extended by seven (7) days, until April 17, 2015. The reason for the requested extension of time is to provide the parties with a sufficient opportunity to complete their settlement discussions.

2. Three other time modifications have been previously made by stipulation in this matter. On May 13, 2014, and May 27, 2014, the parties stipulated that the time for Defendant to respond to the Complaint would be extended. (See Dkt. 19, 25.) On September 2, 2014, the parties stipulated that the time for Defendant to respond to the First Amended Complaint be extended. (See Dkt. 43.) No other time modifications have been ordered by the Court.

3. All parties agree to the stipulation as indicated by their signatures below. The parties respectfully request that the Court approve the stipulation, pursuant to Civil L.R. 6-2 and enter an Order thereupon. A form of Proposed Order is filed herewith.

ORDER

The Court having considered the above joint request, and good standing appearing therefore, HEREBY ORDERS that Plaintiff shall have until April 17, 2015, to file his second amended complaint.

IT IS SO ORDERED.