STIPULATION AND ORDER TO EXTEND TIME FOR DEFENDANT TIM PAXIN'S PACIFIC EXCAVATION, INC. erroneous sued as PACIFIC EXCAVATION, INC. TO RESPOND TO FIRST AMENDED COMPLAINT

First Amended Complaint Filed: January 6, 2017

TROY L. NUNLEY, District Judge.

Pursuant to Local Rule 144 of the United States District Court, Eastern District, all parties hereby stipulate and request that the Court enter an order extending Defendant TIM PAXIN'S PACIFIC EXCAVATION, INC. erroneously sued as PACIFIC EXCAVACTION, INC. ("Defendant") to file an answer or other responsive pleading by approximately twenty (20) days.

1. On or about January 6, 2017, Plaintiff KATIE M. STEFFEN ("Plaintiff") filed a First Amended Complaint, adding two Doe defendants, including Defendant.

2. An executed Summons indicates this Defendant was served on January 17, 2017.

3. Counsel for Defendant was retained only days before a responsive pleading was due and has not the opportunity to review the file and prepare a responsive pleading.

4. In order to allow Defendant sufficient time to prepare a responsive pleading, counsel for Defendant and the parties hereby agree to extend the time for Defendant to file an answer or other responsive pleading to February 27, 2017.

5. Therefore, the parties respectfully request that the Court so order.

This Stipulation can be executed in counterparts and copies of signatures will be treated as originals.

IT IS SO STIPULATED:

ORDER

Pursuant to the Stipulation of all parties and good cause shown, Defendant TIM PAXIN'S PACIFIC EXCAVATION, INC. erroneously sued as PACIFIC EXCAVATION, INC.'S deadline to respond to Plaintiff's First Amended Complaint is February 27, 2017.

IT IS SO ORDERED.