JOINT STIPULATION TO WITHDRAW MOTION TO DISMISS COMPLAINT AND TO SET THE DATE TO RESPOND TO THE FIRST AMENDED COMPLAINT

PHYLLIS J. HAMILTON, District Judge.

TO THE HONORABLE COURT:

Plaintiff, EDWARD LAWRENCE ("plaintiff"), and defendant, WELLS FARGO BANK, N.A., successor by merger with Wells Fargo Bank Southwest, N.A. formerly known as WACHOVIA MORTGAGE, FSB formerly known as World Savings Bank, FSB ("Wells Fargo"), through their counsel of record present the following stipulation to withdraw Motion to Dismiss Complaint and set time to respond to the First Amended Complaint.

RECITALS

1. WHEREAS, Defendant Wells Fargo filed its Motion to Dismiss the Complaint (Document No. 8) and Request for Judicial Notice in Support of Motion to Dismiss the Complaint (Document No. 9) on March 26, 2014;

2. WHEREAS, Plaintiff failed to timely respond to the Motion to Dismiss;

3. WHEREAS, Plaintiff filed a First Amended Complaint ("FAC") on April 18, 2014 (Document No. 18);

4. WHEREAS, on April 25, 2014 this Court issued an Order requesting that the Motion to Dismiss be withdrawn in light to the FAC (Document No. 19.);

5. WHEREAS, Defendant Wells Fargo withdraws its Motion to Dismiss the Complaint (Document Nos. 8 and 8-1) and Request for Judicial Notice in Support of Motion to Dismiss the Complaint (Document No. 9);

6. WHEREAS, the Parties agree that the response date to the FAC shall be or before May 13, 2014;

7. WHEREAS, this stipulation waives no rights of either Party.

STIPULATION

IT IS HEREBY STIPULATED the Motion to Dismiss the Complaint is withdrawn and that that the deadline for Wells Fargo to respond to the FAC shall be May 13, 2014.

ATTESTATION PURSUANT TO GENERAL ORDER 45

I, Kenneth A. Franklin, attest that concurrence in the filing of this document has been obtained from each signatory. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this day of April 30, 2014.