STIPULATION AND ORDER EXTENDING DEADLINE FOR THE ESTATE OF HEISER THIRD-PARTY DEFENDANTS' REPLY IN FURTHER SUPPORT OF CONSOLIDATED MOTION TO DISMISS

[CIVIL L.R. 6-2 AND 7-12]

CHARLES R. BREYER, District Judge.

STIPULATION

Pursuant to Local Rules 6-2 and 7-12, Third-Party Plaintiffs Franklin Resources, Inc., and Visa Inc., ("Visa and Franklin"), and Third-Party Defendants the Estate of Michael Heiser, et al. ("the Heiser Third-Party Defendants"), (hereinafter collectively referred to as the "Parties"), by and through their respective counsel, have stipulated as follows:

WHEREAS, on March 20, 2012, Visa and Franklin filed with the Court their Ex Parte Application for Injunction Pursuant to 28 U.S.C. Section 2361 ("Ex Parte Application");

WHEREAS, on March 22, 2012, Magistrate Judge Vadas issued its Amended Minute Order ("Minute Order"), setting the date of March 30, 2012 as the deadline for the parties to file any opposition to the Ex Parte Application, and stating that "[a]ny reply shall be filed pursuant to local rule", thereby rendering the reply brief deadline to be Friday, April 6, 2012;

WHEREAS, on March 30, 2012, the Heiser Third-Party Defendants filed with the Court, in addition to an Opposition to Ex Parte Application, a Consolidated Motion to Dismiss the Third-Party Complaint Filed by Franklin and Visa and the Complaint filed by the Bennett Plaintiffs (the "Consolidated Motion to Dismiss");

WHEREAS, on April 18, 2012, the Bennett Plaintiffs and Franklin and Visa filed oppositions to the Consolidated Motion to Dismiss;

WHEREAS, the Heiser Third-Party Defendants' Reply in further support of their Consolidated Motion to Dismiss is currently due on April 25, 2012;

WHEREAS, on April 24, 2012, Visa and Franklin filed a Supplemental Memorandum and Request for Leave to Make Deposit in the Court (the "Supplemental Memorandum");

WHEREAS, in light of the arguments made by Visa and Franklin in the Supplemental Memorandum, the Heiser Third-Party Defendants require additional time to file their reply in further support of their Consolidated Motion to Dismiss.

IT IS HEREBY STIPULATED AND AGREED between the Parties as follows:

1. The Heiser Third-Party Defendants shall have an extension of time until Friday, April 27, 2012, to file a reply in further support of their Consolidated Motion to Dismiss.

IT IS SO STIPULATED.

ATTESTATION OF CONCURRENCE

I, Frank Pepler, attest that I am one of the attorneys for third-party defendants the ESTATE OF MICHAEL HEISER, et al. as the ECF user and filer of this document I attest that concurrence in the filing of this document has been obtained from its signatories.

ORDER

PURSUANT TO THE STIPULATION, the following is ORDERED:

1. The Heiser Third-Party Defendants' Reply in further support of their Consolidated Motion to Dismiss, now due on Wednesday, April 25, 2012, will be due now on Friday, April 27, 2012.

PURSUANT TO THE STIPULATION, IT IS SO ORDERED.