STIPULATION AND [PROPOSED] ORDER SETTING SCHEDULE FOR RESPONSE TO THIRD AMENDED COMPLAINT

(Doc. 61)

JENNIFER L. THURSTON, Magistrate Judge.

TO THE HONORABLE COURT:

Plaintiff Darren Handy ("Plaintiff") and Defendant LogMeIn, Inc. ("Defendant"), by and through their respective undersigned counsel, hereby stipulate and agree as follows:

WHEREAS, Plaintiff filed and served his Third Amended Complaint on September 18, 2015 (ECF No. 60);

WHEREAS, Defendant's current deadline to respond to the Second Amended Complaint is October 5, 2015 (Fed. R. Civ. P. 15(a)(3), 6(d));

WHEREAS, Defendant is in the process of investigating and conferring with its counsel regarding Plaintiff's allegations in the Third Amended Complaint;

WHEREAS, the parties wish to set a briefing schedule that is mutually agreeable for the parties, and convenient for the Court, on Defendant's anticipated motion to dismiss Plaintiff's Third Amended Complaint;

WHEREAS, counsel for Defendant has cleared a hearing date on its anticipated motion to dismiss for December 16, 2015 with the clerk of the Court;

WHEREAS, Local Rule 144(a) provides that initial stipulations extending time for no more than twenty-eight days to respond to a complaint may be filed without approval of the Court if signed by all parties how have appeared in the action and are affected thereby; and

WHEREAS, this is the first extension of time with respect to the matters for which this extension is sought (see L.R. 144(b));

IT IS HEREBY STIPULATED and agreed by and between the parties as follows:

1. Defendant's deadline to respond to the Third Amended Complaint shall be extended until October 21, 2015 pursuant to Local Rule 144(a);

2. Plaintiff's opposition brief to Defendant's anticipated motion to dismiss shall be due on November 18, 2015;

3. Defendant's reply brief in support of its anticipated motion to dismiss shall be due on December 9, 2015;

4. The hearing on Defendant's anticipated motion to dismiss shall be held on December 16, 2015 at 9:30 a.m. at the Bakersfield Courthouse (or a time thereafter as most convenient for the Court).

ATTESTATION

I certify that I obtained concurrence in the filing of this document from all parties whose electronic signatures appear above.

[PROPOSED] ORDER

Based upon the stipulation of counsel, the Court hereby orders as follows:

1. Defendant's deadline to respond to the Third Amended Complaint shall be extended until October 21, 2015 pursuant to Local Rule 144(a);

2. Plaintiff's opposition brief to Defendant's anticipated motion to dismiss shall be due on November 18, 2015;

3. Defendant's reply brief in support of its anticipated motion to dismiss shall be due on December 71, 2015;

4. The hearing on Defendant's anticipated motion to dismiss shall be held on December 14, 2015 at 8:30 a.m. at the Bakersfield Courthouse.

IT IS SO ORDERED.