STIPULATION AND [PROPOSED] ORDER

WILLIAM B. SHUBB, Senior District Judge.

Whereas, Third-Party Plaintiffs Suying Plaskett, Sau Vong, and Cam Ly (aka Chan Cam Ly) (collectively "Third Party Plaintiffs") and Third-Party Defendant Muoi Lam ("Third-Party Defendant") previously stipulated to extend the time for Third-Party Defendant to respond to the Third-Party Complaint to November 27, 2013, pursuant to Local Rule 144(a), in order to pursue alternative dispute resolution.

Whereas, all parties to the entire action have now agreed to participate in a mediation scheduled for December 17, 2013.

Whereas, both sides wish to avoid burdening the Court with and incurring the expense of motion practice, including, without limitation motion practice under Rule 12(b)(6), concerning the Third-Party Complaint, which Third-Party Defendant will file should mediation fail to resolve the dispute as between these parties.

Whereas, this Stipulation is entered pursuant to Federal Rules of Civil Procedure Rule 6 and Local Rule 144(a).

Whereas, counsel to all other parties to this action are aware of this stipulation and raise no objection.

Therefore, Third-Party Plaintiffs and Third-Party Defendant hereby stipulate that Third-Party Defendant shall have until 30 days after mediation of this matter is concluded to respond to the Third Party Complaint.

Third-Party Plaintiffs and Third-Party Defendant also hereby respectfully request the Court issue the attached [Proposed] Order so extending Third-Party Plaintiff's time to respond until after mediation of this matter concludes.

SO STIPULATED.

Order

For good cause shown, the Court hereby extends Third-Party Defendant Muoi Lam's time to respond to the Third-Party Complaint filed by Third-Party Plaintiffs Suying Plaskett, Sau Vong, and Chan Cam Ly on August 26, 2013 in the above captioned matter (Docket No. 31) until thirty (30) calendar days after mediation between the parties to this suit has concluded. If mediation does not conclude on December 17, 2013, Third-Party Defendant and Third-Party Plaintiffs shall inform the Court that mediation was not concluded and advise the Court when mediation will be concluded.