STIPULATION AND ORDER TO EXTEND TIME TO FILE RESPONSIVE PLEADING FOR DEFENDANTS (1) CONFI-CHEK, INC. d/b/a PEOPLEFINDERS; (2) CONFI-CHECK, INC. d/b/a ADVANCED BACKGROUND CHECKS; and (3) ENFORMION, INC.

KIMBERLY J. MUELLER, District Judge.

Pursuant to Rule 6 of the Federal Rules of Civil Procedure and Local Rule 144, Plaintiffs David Garza, Naser Alzer, Margarita Hernandez, Kimberly Kennedy, Amandeep Singh, and Samah Haider, on behalf of themselves and of others similarly situated (collectively, "Plaintiffs") and Defendants Confi-Chek, Inc. d/b/a PeopleFinders (incorrectly identified in the Complaint as "PeopleFinders.com"), Confi-Chek, Inc. d/b/a Advanced Background Checks (incorrectly identified in the Complaint as "Advanced Background Checks"); and Enformion, Inc. (collectively, "Defendants") submit the following stipulation to extend the above-referenced Defendants' time to file a responsive pleading to Plaintiffs' Complaint by 21 days from October 9, 2018 through October 30, 2018. In further support of this Stipulation, the Parties state the following:

1. Plaintiffs filed their Class Action Complaint ("Complaint") on July 16, 2018. Through Defendants' prior counsel, the parties entered into prior stipulations to extend the time for Defendants to answer or otherwise response to Plaintiffs' Complaint. (ECF Nos. 16-18.) After the undersigned counsel was retained, the parties entered into an additional stipulation to extend time so that the parties could discuss the proper defendants and so the undersigned counsel could begin its investigation into the allegations of the Complaint (ECF No. 19.) The Court granted that stipulation on September 20, 2018, extending the time for Defendants' responsive pleading through October 9, 2018. (ECF No. 20.)

2. The parties' counsel have continued to communicate regarding the identity of the proper defendants in this action. Based on those discussions, Plaintiffs' counsel still intends to amend the complaint. On October 1, 2018, Defendants' counsel provided Plaintiffs' counsel with information so that Plaintiffs may amend the Complaint to identify the proper Defendants. Defendants' counsel also provided additional information regarding the case and in furtherance of potential early case resolution.

3. The parties' counsel intend to confer about the factual background of the case and the identity of the proper Defendants. Counsel for both parties have previously been unable to schedule a conference due to the business and vacation travel commitments of counsel. However, the parties' counsel have scheduled a conference for Monday, October 15, 2018, during which time they intend to address the information needed for an amended complaint and the factual background of the allegations in the Complaint and Defendants' defenses to Plaintiffs' claims.

4. Given the anticipated filing of an amended complaint and the parties' upcoming conference, the parties request an additional 21 day extension for Defendants to file their responsive pleading. The parties anticipate that Plaintiffs will file an amended complaint within that time frame. Defendants will respond within the prescribed time for responding to amended complaints. The parties do not anticipate the need for additional extensions of time for Defendants to file a responsive pleading.

5. For the foregoing reasons, the parties respectfully request a 21 day extension of time for Defendants to answer or otherwise respond to Plaintiffs' Complaint. The extension of time will not affect any hearing or scheduling deadline in this case.

6. On October 3, 2018, Defendants' counsel contacted Plaintiffs' counsel regarding Defendants' request for a 21-day extension of time in which to file its responsive pleading. Plaintiffs' counsel stated that he had no objection to the 21-day extension.

7. Accordingly, the Parties agree that Defendants' deadline to file a responsive pleading to Plaintiff's Complaint is extended to October 30, 2018.

IT IS SO STIPULATED.

ORDER

IT IS SO ORDERED.