STIPULATION AND ORDER TO PERMIT DEFENDANT TO FILE AMENDED OPPOSITION TO PLAINTIFF'S OPENING BRIEF

(Doc. 24)

GARY S. AUSTIN, Magistrate Judge.

MOTION TO FILE AMENDED OPPOSITION TO OPENING BRIEF

Pursuant to Fed. R. Civ. P. 15(a)(1)(A), Defendant respectfully requests leave to file an Amended Opposition to Plaintiff's Opening Brief, replacing the responsive brief filed by Defendant on November 1, 2019 (docket no. 23). This is Defendant's first request to file an amended pleading. Counsel for Defendant conferred with counsel for Plaintiff, who confirmed by email on November 6, 2019, that he had no objections to Defendant's Request.

Defendant's counsel makes this request in good faith and for good cause, stating that when preparing the brief for filing on Friday, November 1, 2019, the original due date, counsel was unable to access the draft brief, administrative record, other relevant documents, word-processing programs, and legal research resources, for extended periods of time due to unanticipated computer and system security upgrades. Counsel met the filing deadline but did not have sufficient time to perform the degree of review she had planned and would have been able to do but for the unanticipated computer outages. The amended brief is filed after counsel had additional time to review the brief and obtain consent of Plaintiff's counsel to the amended filing. Defendant apologizes to the Court and to Plaintiff's Counsel for any inconvenience caused by this request.

Defendant's request for leave to file an amended responsive pleading is GRANTED. Upon filing of the amended responsive pleading, the Response filed on November 1, 2019 (doc. 23) shall be stricken from the record.

IT IS SO ORDERED.