STIPULATION RE FILING OF SECOND AMENDED COMPLAINT

MICHAEL J. SENG, District Judge.

TO THE HONORABLE COURT:

IT IS HEREBY STIPULATED BY AND AMONG THE PARTIES TO THIS ACTION by and through their attorneys of record herein as follows:

1. Plaintiff filed a First Amended Complaint in this action, naming an agency of the United States government as one of the defendants in this action;

2. The Department of Homeland Security (herein "DHS"), one of the defendants named herein, has moved for an order dismissing this action on the grounds, among other arguments, that there is no statutory exception for permitting an action to be brought against an agency of the United States for the actions or omissions alleged;

3. Plaintiff asserts that the First Amended Complaint was properly brought, but based on the issues raised by DHS, Plaintiff has proposed that the motion brought by DHS be withdrawn, that Plaintiff be permitted to file and serve its Second Amended Complaint, naming the United States as a Defendant in this action and withdrawing the action as against DHS as a party defendant, and that all defendants retain all rights to assert any and all answers, defenses, denials, claims or cross complaints as would be permitted in filing a response to an original complaint.

4. The court may and shall issue an order permitting the filing of the Proposed Second Amended Complaint, in the form attached as Exhibit "1" and by this reference incorporated as though set forth at length herein.

Order

Good cause appearing, the above STIPULATION RE FILING OF SECOND AMENDED COMPLAINT in Case No. 1:13-CV-01793-MJS is accepted and adopted as the Order of the Court. The Second Amended Complaint shall be filed within five days of the date of this Order.

IT IS SO ORDERED.