STIPULATION AND [PROPOSED] ORDER REGARDING WAIVER OF SERVICE, SCHEDULE AND REMOVAL FROM ADR PROGRAM

JEFFREY S. WHITE, District Judge.

WHEREAS, Plaintiff filed a complaint (the "Complaint") in the above-captioned action (the "Action") on August 6, 2013 in this Court;

WHEREAS, pursuant to this Court's Order Setting Initial Case Management Conference and ADR Deadlines, dated August 6, 2013 (see Dkt. No. 3), the Action was assigned to the Alternative Dispute Resolution (ADR) Multi-Option Program (the "ADR Program") governed by ADR Local Rule 3;

WHEREAS, the Parties have conferred and agree that, subject to Court approval and/or modification, the waiver of service, schedule and removal from the ADR Program set forth below are appropriate for the Action (the "Stipulation");

NOW, THEREFORE, IT IS HEREBY ORDERED as follows:

I. WAIVER OF THE SERVICE OF SUMMONS

A. Defendants have received Plaintiff's request to waive service of a summons in the Action. Subject to the Court approving the agreed-to schedule herein, Defendants agree to save the expense of serving a summons and complaint in the Action ("Defendants' Waiver").

B. Notwithstanding Defendants' Waiver, Defendants understand that they will keep all defenses or objections to the lawsuit, the court's jurisdiction, and the venue of the action, but that they waive any objections to the absence of a summons or of service.

II. TIME TO RESPOND OR MOVE AGAINST THE COMPLAINT

A. Defendants shall move to transfer the Action or respond to the Complaint within sixty (60) days of the entry an order approving the Stipulation.

B. If Defendants move to transfer the Action pursuant to 28 U.S.C. § 1404(a) or § 1407 (the "Transfer Motion"), the Parties agree that (i) all proceedings and discovery in the Action shall be stayed pending the Court's decision on the Transfer Motion and (ii) no response to the Complaint shall be due until following a decision on the Transfer Motion.

C. If Defendants make the Transfer Motion, (i) Plaintiff shall have sixty (60) days after the Transfer Motion is filed to oppose the Transfer Motion and (ii) Defendants shall then have thirty (30) days to reply to Plaintiff's opposition.

D. If the Court denies the Transfer Motion, Defendants shall respond to the Complaint within sixty (60) days of the entry an order denying the Transfer Motion.

E. If the Transfer Motion is granted, the parties shall meet and confer to negotiate an appropriate schedule for Defendants to respond to the Complaint.

III. REMOVAL FROM ADR PROGRAM

A. The Parties agree that the Action shall be removed from the ADR Program.

Denied without prejudice to recommendation of alternative dispute resolution proposal.

PURSUANT TO STIPULATION, IT SO ORDERED: