STIPULATION AND ORDER FOR (1) FILING THIRD AMENDED COMPLAINT; (2) SETTING DEADLINE TO RESPOND TO THIRD AMENDED COMPLAINT; AND (3) CONTINUING SCHEDULING CONFERENCE

(Doc. 56)

SHEILA K. OBERTO, Magistrate Judge.

IT IS HEREBY STIPULATED, by and between the parties and subject to Court approval, that:

The reasons for this Stipulation are as follows:

1. Plaintiff Darryl S. Phillips retained counsel on October 23, 2017, and filed the operative

Second Amended Complaint ("SAC") on December 15, 2017, alleging one claim for "Review of Administrative Denial of Request to Upgrade Plaintiff's Discharge to General Discharge." ECF No. 51. Defendant Richard V. Spencer's initial response to the SAC is due to be filed on or before February 13, 2018. See ECF No. 50; Fed. R. Civ. P. 12(a).

2. Defendant lodged the Administrative Record on January 24, 2018. ECF Nos. 54, 55.

3. Beginning January 26, 2018, the parties met and conferred regarding Defendant's anticipated motion to dismiss the SAC. As a result of these discussions, the parties have agreed that Plaintiff may file a Third Amended Complaint on or before February 23, 2018, and Defendant may respond to the Third Amended Complaint on or before March 23, 2018.

4. In light of the foregoing, and to enhance the efficiency of the Scheduling Conference, the parties respectfully request that the Scheduling Conference be continued from February 15, 2018, to

ORDER

Pursuant to the parties' stipulation, and good cause having been shown, the Court GRANTS the Plaintiff leave to file a Third Amended Complaint by no later than February 23, 2018. Defendant SHALL respond to the Third Amended Complaint by no later than March 23, 2018.

The Scheduling Conference set for February 15, 2018, is hereby CONTINUED to May 3, 2018, at 10:15 A.M. in Courtroom 7 before Magistrate Judge Sheila K. Oberto. The parties SHALL file their joint scheduling report by no later than April 26, 2018.

IT IS SO ORDERED.