STIPULATION AND ORDER REGARDING PLAINTIFF'S FIRST AMENDED COMPLAINT

[FRCP 15(a)(2)]

JOHN A. MENDEZ, District Judge.

Plaintiff JOHN HATZIS and Defendants FEDEX GROUND PACKAGE SYSTEM, INC., and GARY JORDAN, by and through their attorneys of records, hereby stipulate and agree as follows:

1. On August 15, 2017, Defendants filed a Motion to Dismiss the Complaint [Docket No. 5] pursuant to FRCP 12(b)(6), which initially was set for hearing on October 17, 2017;

2. On October 3, 2017, the District Court issued a minute order [Docket No. 7] dismissing Defendants' Motion to Dismiss, without prejudice;

3. After receiving the District Court's October 3, 2017 minute order, counsel for both parties met and conferred regarding the alleged issues identified in Defendants' Motion to Dismiss the Complaint.

4. Plaintiff's counsel proposed a First Amended Complaint (attached hereto as Exhibit A) to counsel for Defendants that Plaintiff's counsel contends addresses the issues identified in Defendants' Motion to Dismiss the Complaint.

5. After reviewing the proposed First Amended Complaint, counsel for Defendants agreed that Plaintiff JOHN HATZIS may file the First Amended Complaint with the District Court.

6. Defendants shall have thirty (30) days from the filing and service of the First Amended Complaint to file a responsive pleading to the First Amended Complaint

Accordingly, the parties stipulate and request an order from the District Court permitting Plaintiff JOHN HATZIS to file the First Amended Complaint pursuant to FRCP 15(a)(2).

IT IS SO STIPULATED.

IT IS SO ORDERED.