STIPULATION AND ORDER TO ALLOW PLAINTIFFS TO AMEND THE COMPLAINT

NANCY J. KOPPE, Magistrate Judge.

Comes now, Plaintiffs CLARENCE WILDCAT and CHRISTINE WILDCAT, by and through their attorney of record, AMBERLEA DAVIS of the LAW OFFICES OF AMBERLEA DAVIS, and Defendant LOANDEPOT.com, LLC, doing business as imortgage, by and through their attorney of record, ANDREW A. BAO, Esq. of WOLFE & WYMAN, LLP, and hereby agree as follows:

WHEREAS Defendant AMERICAN WEST HOMEBUILDING GROUP doing business as AMERICAN WEST HOMES is the incorrect name for the proper defendant AMERICAN WEST DEVELOPMENT, INC.

And WHEREAS Defendant AMERICAN WEST HOMEBUILDING GROUP doing business as AMERICAN WEST HOMES has not been served or appeared in the action, and PLAINTIFFS desire to amend their complaint to replace the incorrect party with AMERICAN WEST DEVELOPMENT, INC. PLAINTIFFS filed an amended complaint in the underlying Eighth Judicial Court case, however, the matter had already been removed to Federal Court.

IT IS HEREBY STIPULATED between all parties who have appeared in this action that PLAINTIFFS must, within seven days of the date this order is entered, file an amended complaint which corrects the parties named in the complaint.

IT IS FURTHER STIPULATED that Defendant LOANDEPOT.com, LLC., doing business as imortgage, shall have 14 days from the date the Amended Complaint is filed to file an answer and shall have no obligation to file an answer to the original complaint.

IT IS FURTHER STIPULATED for purposes of the statute of limitations, the original filing date shall govern.

IT IS SO STIPULATED

IT IS SO ORDERED.