JOINT STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO PLAINTIFFS' SECOND AMENDED COMPLAINT AND RELATED BRIEFING DEADLINES; DECLARATION OF MICHAEL J. STORTZ IN SUPPORT

MICHAEL J. STORTZ, District Judge.

WHEREAS Plaintiffs Barbara Bronson, Michael Fishman, and Alvin Kupperman ("Plaintiffs") filed the Complaint in this action on August 9, 2012 and thereafter served the Complaint on Defendants Johnson & Johnson and McNeil Nutritionals, LLC ("Defendants");

WHEREAS Plaintiffs filed a First Amended Complaint on September 6, 2012;

WHEREAS Defendants filed a Motion to Dismiss on October 30, 2012;

WHEREAS Defendants' Motion to Dismiss came on for hearing before the Court on April 12, 2013;

WHEREAS the Court granted in part and denied in part Defendants' Motion by Order filed April 16, 2013;

WHEREAS Plaintiffs filed a Second Amended Complaint on April 26, 2013;

WHEREAS Defendants are presently reviewing Plaintiffs' Second Amended Complaint and require additional time to determine their response to that pleading; and

WHEREAS the parties through counsel have met and conferred and reached agreement as to the briefing schedule for Defendants' potential Motion to Dismiss, as set forth below, in the event Defendants choose to so move;

IT IS THEREFORE STIPULATED, by the parties through their respective counsel, as follows:

1. The deadline for Defendants' pleading in response to the Plaintiffs' Second Amended Complaint is continued to and including May 31, 2013.

2. In the event that Defendants file a Motion to Dismiss the Second Amended Complaint, Defendants shall file the Motion and all papers in support of said Motion on or before May 31, 2013, and briefing and hearing on the Motion to Dismiss shall proceed on the following schedule:

a. Plaintiffs shall file their Opposition to Defendants' Motion to Dismiss, including all papers in support of said Opposition, on or before June 28, 2013.

b. Defendants shall file their Reply in support of their Motion to Dismiss, including all papers in support of said Reply, on or before July 12, 2013.

c. Hearing on the Motion to Dismiss shall be determined on filing of Defendants' Motion.

IT IS SO STIPULATED.

PURSUANT TO STIPULATION, IT IS SO ORDERED.