STIPULATION TO EXTEND TOSHIBA AMERICA INFORMATION SYSTEMS, INC.'S TIME TO RESPOND TO SECOND AMENDED CLASS ACTION COMPLAINT

GARLAND E. BURRELL, Jr., Senior District Judge.

RECITALS

WHEREAS, Plaintiff Chad Herron ("Plaintiff") filed his Second Amended Class Action Complaint ("SAC") on March 1, 2013;

WHEREAS, on May 1, 2013, Defendant Toshiba America Information Systems, Inc. ("TAIS") filed a motion to dismiss the SAC;

WHEREAS, on August 16, 2013, TAIS received notice that the Court had denied its motion to dismiss the SAC;

WHEREAS, on May 1, 2013, Defendants Best Buy Stores, LP, and Bestbuy.com LLC (collectively the "Best Buy Defendants") also filed a motion to dismiss the SAC (the "Best Buy Motion");

WHEREAS, Plaintiff has agreed, pursuant to Local Rule 144 to, extend the time for TAIS to file its response to the SAC until fourteen days after the Court has ruled on the Best Buy Motion and made a determination as to whether any further amendments are needed.

STIPULATION

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff and TAIS through their respective undersigned counsel, that TAIS's time within which to answer or otherwise serve and file a response to Plaintiff's Second Amended Complaint in this action shall be and hereby is extended until fourteen days after the Court rules on the Best Buy Motion.

IT IS SO STIPULATED.

FILER'S ATTESTATION

Filer's Attestation: Pursuant to General Order No. 45, Section X(B) regarding signatures, Penelope E. Preovolos hereby attests that concurrence in the filing of this document has been obtained.

IT IS SO ORDERED.