STIPULATION AND [PROPOSED] ORDER REGARDING FIRST AMENDED COMPLAINT

RICHARD SEEBORG, District Judge.

WHEREAS, on July 13, 2015, plaintiff Alfred H. Siegel, in his capacity as Trustee for the Circuit City Stores, Inc. Liquidating Trust ("Plaintiff"), filed his Complaint for Damages [Docket No. 1] (the "Original Complaint") in the above-captioned action;

WHEREAS, on August 6, 2015, the Court entered the Stipulation and Order Regarding Service of Process and Deadlines to Respond to Complaint [Docket No. 11], under which defendants had ninety (90) days from the date of service of process to answer or otherwise respond to the Original Complaint;

WHEREAS, on November 2, 2015, the Court entered the Stipulation and Order Regarding Deadline to Respond to Complaint [Docket No. 16], which set a single date (November 13, 2015) as the deadline for all defendants to answer or otherwise respond to the Original Complaint, and further provided that Plaintiff's opposition to any motions to dismiss that were filed would be due sixty (60) days after the filing of such motions, with replies due thirty (30) days thereafter;

WHEREAS, on November 13, 2015, defendants filed motions to dismiss the Original Complaint [Docket Nos. 17, 18, 19] (the "Motions to Dismiss"), with a specified hearing date of February 18, 2016, at 1:30 p.m.;

WHEREAS, on January 8, 2016, the Court entered the Stipulation and Order Regarding Defendants' Motions to Dismiss the Complaint [Docket No. 21], which provided that Plaintiff's opposition to the Motions to Dismiss is due on January 26, 2016 and replies in further support of the Motions to Dismiss are due February 25, 2016, and further provided that a hearing on the Motions to Dismiss would be held on the earliest date convenient to the Court;

WHEREAS, Plaintiff has proposed to amend his Original Complaint, and Defendants consent to such amendment, subject to their right to move to dismiss the amended pleading (the "First Amended Complaint");

NOW, THEREFORE, it is hereby STIPULATED and AGREED that:

1. Plaintiff is granted leave to amend pursuant to Rule 15(a)(2) of the Federal Rules of Civil Procedure. Plaintiff's First Amended Complaint shall be filed within five (5) days after entry of this stipulation and order by the Court.

2. Defendants' Motions to Dismiss [Docket Nos. 17, 18, 19] directed to the Original Complaint are denied as moot, without prejudice to any renewed motion(s) directed to the First Amended Complaint. This stipulation does not constitute a waiver by defendants of any defense, including but not limited to those defenses provided under Rule 12 of the Federal Rules of Civil Procedure.

3. Defendants' answer or other response shall be due ninety (90) days after the filing of the First Amended Complaint. If defendants respond by moving to dismiss the First Amended Complaint, Plaintiff's opposition to any such motion(s) shall be due sixty (60) days thereafter, and any reply brief(s) shall be due thirty (30) days thereafter.

IT IS SO STIPULATED.