STIPULATION AND ORDER TO CONTINUE DEADLINE FOR DEFENDANTS TO RESPOND TO COMPLAINT FROM OCTOBER 11, 2012 TO DECEMBER 11, 2012 AND INITIAL CASE MANAGEMENT CONFERENCE FROM NOVEMBER 16, 2012 TO JANUARY 18, 2013

JEFFREY S. WHITE, District Judge.

Plaintiff Andrew Steinfeld and Defendants Discover Financial Services, DFS Financial Services, LLC, and Discover Bank (collectively, "Defendants"), through their undersigned counsel, hereby stipulate as follows:

WHEREAS, Plaintiff Steinfeld filed his Class Action Complaint for Damages and Injunctive Relief Pursuant to 47 U.S.C. § 227, et seq. (Telephone Consumer Protection Act) on March 6, 2012;

WHEREAS, pursuant to Stipulation and Order so that the parties could attend mediation before the Honorable Carl West (Ret.) of JAMS, the Court set August 16, 2012, as the last day for Defendants to file and serve an answer or a motion under Rule 12 of the Federal Rules of Civil Procedure (Dkt. No. 19);

WHEREAS, the Court set an Initial Case Management Conference for September 21, 2012, at 1:30 p.m. (Dkt. No. 19);

WHEREAS, the parties had constructive sessions on May 31, 2012, and July 10, 2012, and follow-up teleconferences with Judge West on July 24, 2012, and August 6, 2012, but were not able to finally resolve the matter;

WHEREAS, the parties scheduled a mediation with Judge West for September 27, 2012 to continue discussions;

WHEREAS, on August 21, 2012, the Court entered the parties Stipulation and [Proposed] Order Regarding Case Schedule and continued the deadline for Defendants to file and serve an answer or a motion under Rule 12 of the Federal Rules of Civil Procedure to October 11, 2012 and postponed the Initial Case Management Conference until November 16, 2012 (Dkt. No. 20);

WHEREAS, the parties had a constructive mediation session on September 27, 2012, but were not able to finally resolve the matter; and

WHEREAS, the parties seek to continue the deadline for Defendants to file and serve an answer or a motion under Rule 12 of the Federal Rules of Civil Procedure and postpone the Initial Case Management Conference so that they may devote the time to matters that will advance the parties' ability to finally resolve the matter.

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, between Plaintiff Steinfeld, by his undersigned counsel, and Defendants, by their undersigned counsel, that the last day for Defendants to file and serve an answer or a motion under Rule 12 of the Federal Rules of Civil Procedure shall be continued from October 11, 2012 to December 11, 2012. The Initial Case Management Conference shall be postponed until January 18, 2013 at 1:30 p.m.

IT IS SO STIPULATED.

ORDER

FOR GOOD CAUSE APPEARING AND PURSUANT TO THE STIPULATION, IT IS SO ORDERED.