STIPULATION TO EXTEND DISCOVERY DEADLINES AND PRETRIAL HEARING DATES; [PROPOSED] ORDER AS MODIFIED

EDWARD J. DAVILA, District Judge.

STIPULATION

Plaintiff Bernie Franczak ("Plaintiff") and Defendant Suntrust Mortgage, Inc. ("Defendant"), by and through their respective counsel, STIPULATE AND AGREE as follows:

WHEREAS, Plaintiff filed a Complaint on February 17, 2012;

WHEREAS on July 2, 2012, the Court issued a Case Management Order, setting a discovery and pretrial schedule in this case;

WHEREAS, the following schedule currently applies to this case:

WHEREAS, on September 12, 2012, the parties stipulated and agreed to a stay of litigation and all foreclosure proceedings of the Subject Property while they investigated the possibility of a loan modification;

WHEREAS, on September 14, 2012the Court, having accepted the Parties' stipulation, ordered all proceedings stayed for one hundred and twenty (120) days, up to and including January 9, 2013. Pursuant to that Order, the Court vacated the scheduled Motion to Dismiss Hearing;

WHEREAS, on November 27, 2012, Defendant Suntrust requested the Court reset its previously vacated Motion to Dismiss.

WHEREAS On November 28, 2012, the Court granted Defendant's request to reset the hearing on Defendant's Motion to Dismiss Plaintiff's First Amended Complaint;

WHEREAS, Defendant's Motion to Dismiss Plaintiff's First Amended Complaint is currently scheduled for March 8, 2013 at 9:00 a.m.,

Based on the foregoing and for good cause shown, the parties stipulate to the following discovery and pretrial schedule and request the Court extend the previously set discovery and pretrial deadlines as follows:

[PROPOSED] ORDER

Pursuant to the above Stipulation and good cause appearing, IT IS SO ORDERED that the following pretrial schedule is set for this case as: