STIPULATION AND ORDER TO EXTEND TIME TO RESPOND TO COMPLAINT FIRST REQUEST

CARL W. HOFFMAN, Magistrate Judge.

Plaintiff Fidel Diaz ("Plaintiff"), by and through his counsel of record, and Defendant Capital One Bank (USA), N.A., erroneously named as "Capital One Bank National Association" ("Capital One"), by and through its counsel of record, hereby submit this stipulation to extend Capital One's time to file a responsive pleading to Plaintiff's Complaint by fifteen (15) days, as follows: WHEREAS:

1. Plaintiff filed the Complaint in this matter on August 26, 2015;

2. Capital One's deadline to file its responsive pleading to the Complaint is September 24, 2015;

3. The Parties agree that a brief extension of time for Capital One to file its responsive pleading to the Complaint would benefit both Parties because it will allow them to gather additional facts and information while continuing to devote their resources to exploring the potential for early resolution of this matter before incurring further fees and costs;

4. Capital One and Plaintiff have agreed to extend Capital One's current September 24, 2015 deadline to respond to Plaintiff's Complaint by fifteen (15) days to Friday, October 9, 2015;

NOW, THEREFORE, IT IS HEREBY STIPULATED THAT:

Capital One will file its responsive pleading to Plaintiff's Complaint on or before Friday, October 9, 2015.

IT IS SO STIPULATED.

ORDER

The Court has reviewed the Stipulation filed by Plaintiff Fidel Diaz and Defendant Capital One Bank (USA), N.A., erroneously named as "Capital One Bank National Association" ("Capital One"), to extend Capital One's time to file a responsive pleading by fifteen (15) days. The Stipulation is incorporated herein by reference. Good cause appearing thereon, the Court hereby orders as follows:

Capital One's time to file a responsive pleading to the Complaint is hereby extended. Capital One shall file its responsive pleading to the Complaint on or before Friday, October 9, 2015.

IT IS SO ORDERED.