STIPULATION AND ORDER RE: FILING OF SECOND AMENDED COMPLAINT

JOHN A. MENDEZ, District Judge.

Plaintiff Premier Pools Management Corp. ("Premier Pools"), on the one hand, and Defendant Colony Insurance Company ("Colony"), on the other hand, by and through their respective counsel of record, hereby stipulate and agree as follows:

WHEREAS, Premier Pools desires to file the [Proposed] Second Amended Complaint attached hereto as Exhibit A. Exhibit B hereto is a redlined version of the [Proposed] Second Amended Complaint, and shows the differences between the first amended complaint and the [Proposed] Second Amended Complaint. Premier Pools has asked Colony to stipulate to the filing of the [Proposed] Second Amended Complaint.

WHEREAS, Colony disputes the allegations in the [Proposed] Second Amended Complaint, but agrees to its filing;

WHEREAS, Colony's stipulation to the filing of the [Proposed] Second Amended Complaint is not a concession as to the merits of any claims or allegations therein.

NOW, THEREFORE, IT IS HEREBY STIPULATED, by and among Premier Pools and Colony, through their respective counsel of record, as follows:

1. Premier Pools shall be permitted to file the [Proposed] Second Amended Complaint attached hereto as Exhibit A;

2. The [Proposed] Second Amended Complaint attached as Exhibit A hereto shall be deemed filed and personally served on the date the Court approves this stipulation.

IT IS SO STIPULATED.

ORDER

IT IS SO ORDERED.