FOURTH STIPULATION FOR EXTENSION OF DEADLINE FOR DEFENDANT TO RESPOND TO FIRST AMENDED COMPLAINT

SUSAN ILLSTON, District Judge.

WHEREAS, Plaintiff Sheri Garibaldi ("Plaintiff') filed the above-captioned Complaint in the San Mateo County Superior Court on April 12, 2013;

WHEREAS, Defendant Bank of America Corporation ("BAC") removed this case to the United States District Court for the Northern District of California on May 15, 2013;

WHEREAS, BAC's last day to file a responsive pleading to the Complaint was May 22, 2013;

WHEREAS, on May 22, 2013, the parties stipulated to extend BAC's time within which to respond to Plaintiff's Complaint by two days, up to and including May 24, 2013 (Dkt. 6);

WHEREAS, on May 24, 2013, the parties stipulated to extend BAC's time within which to respond to Plaintiff's Complaint by twelve days, up to and including June 5, 2013 (Dkt. 9);

WHEREAS, on June 5, 2013, Plaintiff filed a First Amended Complaint (Dkt. 15), which, among other things, substituted Bank of America, N.A. ("BANA") for Bank of America Corporation;

WHEREAS, on June 19, 2013, the parties stipulated to extend BANA's deadline to respond to the First Amended Complaint to July 17, 2013 while the parties resolved outstanding issues regarding a potential mediation of this action (Dkt. 17);

WHEREAS, on July 17, 2013, the parties stipulated to extend BANA's deadline to respond to the First Amended Complaint to September 4, 2013 while the parties worked to schedule a mediation and while the parties worked to exchange various pre-mediation documents and information (Dkt. 19);

WHEREAS, on September 3, 2013, the parties stipulated to extend BANA's deadline to respond to the First Amended Complaint to September 17, 2013 while the parties continued to worked to exchange various pre-mediation documents and information (Dkt. 22);

WHEREAS, the Parties have scheduled a private mediation on October 9, 2013;

WHEREAS, BANA has produced substantial documents and data to Plaintiff in connection with the upcoming mediation, including the most recent productions by BANA on September 16 and 17, 2013;

WHEREAS, BANA intends to respond to the First Amended Complaint by filing a Motion to Dismiss pursuant to FED. R. CIV. P. 12(b) but desires to avoid expending unnecessary resources in engaging in potentially unnecessary motion practice in advance of mediation;

WHEREAS, the parties are also discussing a proposal by Plaintiff to file a Second Amended Complaint, and BANA desires to avoid expending unnecessary resources responding to a complaint that may be amended;

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff and BANA through their respective undersigned counsel that BANA will have an extension, up to and through September 24, 2013, to serve and file its response to the First Amended Complaint.