THIRD STIPULATION AND [PROPOSED] ORDER TO CONTINUE FILING DEADLINE AND HEARING DATE ON PLAINTIFF'S MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

SUSAN ILSTON, District Judge.

Plaintiff Sheri Garibaldi ("Plaintiff") and Defendant Bank of America, N.A. ("Defendant" or "BANA"), by and through their respective counsel of record, hereby enter into this THIRD STIPULATION TO CONTINUE FILING DEADLINE AND HEARING DATE ON PLAINTIFF'S MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT, with reference to the following facts:

WHEREAS, on December 18, 2015, the Court held a further Case Management Conference, and set the current dates for filing and hearing of Plaintiff's motion for preliminary approval of the pending class action settlement (Dkt. #71), including:

WHEREAS, since that date, the Parties have been diligently and cooperatively working to finalize the class action settlement agreement, and Defendant has been gathering substantial updated and supplemental data requested by Plaintiff in connection with the settlement and Plaintiff's motion for preliminary approval;

WHEREAS, in connection with this work, the parties have sought and received two prior two week continuances with respect to the deadline for Plaintiff to file the motion for preliminary approval;

WHEREAS, after exhaustive negotiations, the parties' counsel have reached agreement on all material terms of the settlement agreement, have drafted a final agreement, and are in the process of sending the final agreement to their clients for comments and signature;

WHEREAS, Plaintiff's counsel has also completed a draft motion for preliminary approval which it must share with the Bank's counsel for review and comment (but not approval) pursuant to the terms of the Agreement;

WHEREAS, as a result of changes to the Plan of Allocation negotiated by the parties, Plaintiff's counsel is seeking renewed bids from Claims Administrators with respect to administration of the settlement, and expects to receive those bids in the coming days;

WHEREAS, Plaintiff is out of state and unavailable to sign the settlement agreement, but returns on Monday, March 2, 2015.

WHEREAS, due to the following circumstances, the Parties request an additional one-week continuance of the deadline for Plaintiff to file her motion for preliminary approval and for the hearing on Plaintiff's motion. Counsel for the parties believe that — unless something truly unanticipated occurs — this will be their final request for a continuance as to the deadline to file the preliminary approval motion.

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff and Defendant through their respective undersigned counsel, that the deadline to file and hearing date on Plaintiff's motion for preliminary approval of class action settlement are continued as follows:

IT IS SO STIPULATED

[PROPOSED] ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.

The Court, having read and considered the Parties' STIPULATION TO CONTINUE FILING DEADLINE AND HEARING DATE ON PLAINTIFF'S MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT, and finding good cause in support thereof, the Court hereby orders that the filing deadline and the hearing date is continued as follows:

No further extensions will be granted.