STIPULATED APPLICATION FOR ORDER ALLOWING PLAINTIFF TO FILE A FIRST AMENDED COMPLAINT; GRANTING DEFENDANTS THIRTY DAYS TO RESPOND THERETO; AND ALLOWING DEFENDANTS' PENDING MOTION TO DISMISS PORTIONS OF PLAINTIFF'S COMPLAINT TO BE DROPPPED FROM THE COURT'S CALENDAR WITHOUT PREJUDICE TO IT BEING RESCHEDULED FOR HEARING (LOCAL RULE 144); ORDER

MORRISON C. ENGLAND, Jr., Chief District Judge.

Pursuant to Local Rule 144, the parties hereto, by and through their respective undersigned counsel, hereby stipulate as follows:

1. In lieu of filing a response to Defendant's pending Motion to Dismiss Portions of Plaintiff's Complaint, Plaintiff will file a first amended complaint by May 15, 2015.

2. Defendants shall have thirty days after service to respond to the first amended complaint.

3. Defendants' pending Motion to Dismiss Portions of Plaintiff's Complaint may be dropped from the Court's calendar without prejudice to Defendants' right to reschedule it for hearing in the event Plaintiff fails to file an amended complaint.

ORDER

Pursuant to the parties' stipulation:

1. In lieu of filing a response to Defendant's pending Motion to Dismiss Portions of Plaintiff's Complaint, Plaintiff will file a first amended complaint by May 15, 2015.

2. Defendants shall have thirty days after service to respond to the first amended complaint.

3. Defendants' pending Motion to Dismiss Portions of Plaintiff's Complaint is be dropped from the Court's calendar without prejudice to Defendants' right to reschedule it for hearing in the event Plaintiff fails to file an amended complaint.

4. The hearing on Defendants' Motion to Dismiss, currently scheduled for May 15, 2015, is hereby VACATED.

IT IS SO ORDERED.