JOINT STIPULATION TO ALLOW FILING OF SECOND AMENDED COMPLAINT PURSUANT TO FRCP 15 (a) (2) AND IN LIEU OF PLAINTIFF'S OPPOSITION TO DEFENDANTS' MOTION TO DISMISS

JOHN A. MENDEZ, District Judge.

STIPULATION TO ALLOW THE FILING OF THE SECOND AMENDED COMPLAINT PURUSANT TO FRCP 15 (a) (2) AND IN LIEU OF THE FILING OF PLAINTIFF'S OPPOSITION TO DEFENDANTS' MOTION TO DISMISS

This stipulation is entered into by the undersigned counsel for Plaintiff Mary K. Scherbak (`Plaintiff'), the undersigned counsel for Defendants Select Portfolio Servicing Inc. (`SPS') and Wells Fargo Bank, N.A. as Trustee, for the Certificate Holders of Asset-Backed Pass-Through Certificates, Series 2004-WCW2 ("the Trust") and hereinafter referred to collectively as the ("Parties'). Defendant Bank of America has been dismissed.

Defendants have filed a FRCP 12 (b) Motion to Dismiss Plaintiff's First Amended Complaint, which is set for hearing on March 13, 2018. The Parties have reached a stipulation to allow Plaintiff to file her Second Amended Complaint pursuant to FRCP 15 (a) (2). Said Second Amended Complaint shall be filed in lieu of Plaintiff filling an Opposition to Defendants FRCP 12 (b) Motion to Dismiss.

The Parties further stipulate that the Second Amended Complaint will be filed and served within 7 days of the receipt of the executed Court Order. Defendants' responsive pleading shall be filed and served within 30 days of the service of the Second Amended Complaint.

IT IS HEREBY STIPULATED.

ORDER

Pursuant to FRCP 15 (a) (2) and the terms of the foregoing Stipulation, Plaintiff shall file and serve the Second Amended Complaint within 7 days of receipt of the executed Order in lieu of filing an Opposition to Defendants pending FRCP 12 (b) Motion to Dismiss. Defendants' responsive pleading shall be filed and served within 30 days of service of the Second Amended Complaint.

IT IS SO ORDERED.