STIPULATION AND ORDER FOR SECOND EXTENSION OF TIME FOR F & M RESTAURANTS, INC., dba RALLY'S #13; ARTHUR P. SPIER, Trustee of THE ARTHUR P. SPIER AND JANELLE LETT LIVING TRUST under Declaration of Trust dated May 29, 2013; JANELLE LETT, Trustee of THE ARTHUR P. SPIER AND JANELLE LETT LIVING TRUST under Declaration of Trust dated May 29, 2013; MANUEL R. FIERRO; and JOLENE A. FIERRO TO RESPOND TO COMPLAINT

TROY L. NUNLEY, District Judge.

WHEREAS:

1. Plaintiff RACHEL LOBATO filed her complaint in this action on September 1, 2015.

2. This is the second request for an extension of time for F & M RESTAURANTS, INC., dba RALLY'S #13; ARTHUR P. SPIER, Trustee of THE ARTHUR P. SPIER AND JANELLE LETT LIVING TRUST under Declaration of Trust dated May 29, 2013; JANELLE LETT, Trustee of THE ARTHUR P. SPIER AND JANELLE LETT LIVING TRUST under Declaration of Trust dated May 29, 2013; MANUEL R. FIERRO; and JOLENE A. FIERRO ("Defendants"). A previous extension of time was granted by the Court until October 29, 2015 and court approval is required for a further extension of time. A joint status report is due on or about November 16, 2015.

3. Plaintiff and Defendants continue to be in settlement negotiations at this time.

4. Defendants have had a CASp inspection performed and report prepared, however additional time is needed to conclude the terms of a settlement.

5. The parties agree and submit that settlement of this case prior to the preparation of a joint status report would save valuable court time and resources.

6. The parties have agreed to extend Defendants' time to respond to the complaint until November 30, 2015, subject to the court's approval, and believe that the case can be settled within that time. The parties also request that the filing of a joint status report be extended to December 16, 2015 in order to facilitate a settlement.

NOW THEREFORE, Defendants through their attorneys, and Plaintiff RACHEL LOBATO through her attorneys, hereby stipulate and agree that the time for F & M RESTAURANTS, INC., dba RALLY'S #13; ARTHUR P. SPIER, Trustee of THE ARTHUR P. SPIER AND JANELLE LETT LIVING TRUST under Declaration of Trust dated May 29, 2013; JANELLE LETT, Trustee of THE ARTHUR P. SPIER AND JANELLE LETT LIVING TRUST under Declaration of Trust dated May 29, 2013; MANUEL R. FIERRO; and JOLENE A. FIERRO to answer or otherwise respond to the Complaint shall be extended up to and including November 30, 2015, and that the joint status report in this matter be due on December 16, 2015, pending court approval.

IT IS SO STIPULATED.

ORDER

IT IS SO ORDERED that defendants F & M RESTAURANTS, INC., dba RALLY'S #13; ARTHUR P. SPIER, Trustee of THE ARTHUR P. SPIER AND JANELLE LETT LIVING TRUST under Declaration of Trust dated May 29, 2013; JANELLE LETT, Trustee of THE ARTHUR P. SPIER AND JANELLE LETT LIVING TRUST under Declaration of Trust dated May 29, 2013; MANUEL R. FIERRO; and JOLENE A. FIERRO shall have until November 30, 2015 to answer or otherwise respond to the Complaint.

IT IS FURTHER ORDERED that the joint status report from the parties shall be due on Dated: December 16, 2015.