STIPULATION AND [] ORDER EXTENDING THE DEADLINE FOR FILING A MOTION FOR SUBSTITUTION PURSUANT TO RULE 25(a)

RONALD M. WHYTE, District Judge.

WHEREAS, on February 17, 2012, the Court entered a second Stipulation and Order Extending the Deadline for Filing a Motion for Substitution Pursuant to Rule 25(a) (the "Rule 25(a) Order") (Dkt. No. 136);

WHEREAS, the Rule 25(a) Order extended the deadline by which a party must file a motion for substitution pursuant to Rule 25(a) with respect to Jan Lipson and Larry D. Mitchell, who passed away during the pendency of this litigation, until March 2, 2012;

WHEREAS, on March 2, 2012, the parties filed a Stipulation and [Proposed] Order Extending the Deadline for Filing Motions to Dismiss, which informed the Court that the parties' settlement discussions were still ongoing, and, in light of such continued discussions, requested an extension of the deadline for defendants to file motions to dismiss plaintiffs' Supplemental Second Amended Consolidated Verified Shareholder Derivative Complaint or other responsive pleadings until March 15, 2012;

WHEREAS, in order to preserve the pending claims, and in light of the parties' ongoing settlement discussions, the parties wish to extend the deadline by which a party must file a motion for substitution pursuant to Rule 25(a), until April 20, 2012; and

WHEREAS, the agreed-upon schedule is not for the purpose of delay, promotes judicial efficiency and will not cause prejudice to any party;

THEREFORE, IT IS HEREBY STIPULATED AND AGREED by plaintiffs, the Lipson 2000 Revocable Trust Under Agreement Dated September 28, 2000 and the Mitchell Revocable Family Trust, through their respective counsel, subject to approval of the Court as follows:

1. The date within which any party must file a motion for substitution pursuant to Rule 25(a) is extended until April 20, 2012.

IT IS SO STIPULATED.

I, Christopher M. Wood, am the ECF User whose identification and password are being used to file the Stipulation and [Proposed] Order Extending the Deadline for Filing a Motion for Substitution Pursuant to Rule 25(a). In compliance with General Order 45.X.B, I hereby attest that Sarah A. Good and David A. Priebe have concurred in this filing.

ORDER

Having considered the parties' Stipulation, and good cause appearing, the Court hereby GRANTS the parties' Stipulation.

IT IS SO ORDERED.