STIPULATION AND [PROPOSED] ORDER

MARIA-ELENA JAMES, Magistrate Judge.

WHEREAS, Plaintiff filed the Complaint in this litigation on September 24, 2012;

WHEREAS, all of the Defendants have agreed to waive service of the complaint;

WHEREAS, a number of substantially similar complaints have been filed nationwide;

WHEREAS, a Motion for Consolidation and Transfer under 28 U.S.C. § 1407 was filed before the Judicial Panel on Multi-District Litigation ("JPML") to coordinate and/or consolidate all of the actions in one court;

WHEREAS, the JPML has scheduled the MDL Motion for a hearing on November 29, 2012, and the parties expect that the JPML will issue a decision on the motion within a few weeks after the hearing;1

WHEREAS, Plaintiff and Defendants Expedia, Inc., Hotels.com LP, Travelocity.com LP, Sabre Holdings Corporation, Priceline.com Incorporated, Booking.com B.V., Booking.com (USA), Inc., Orbitz Worldwide, Inc., Hilton Worldwide, Inc., Starwood Hotels & Resorts Worldwide, Inc., Trump International Hotels Management, LLC, Kimpton Hotel & Restaurant Group, LLC, InterContinental Hotels Group Resources, Inc., Wyndham Worldwide Corporation, Wyndham Hotel Group, LLC and Travelodge Hotels, Inc. (collectively "Defendants") expect that all of the actions will be coordinated and/or consolidated before one court; and

WHEREAS, Plaintiff and Defendants wish to preserve the parties' and the court's resources and efficiently manage the litigation so as not to cause prejudice;

NOW THEREFORE, the parties agree as follows:

1. Defendants will not be required to answer or otherwise plead in response to the Complaint during the pendency of the Motion for Consolidation and Transfer under 28 U.S.C. § 1407. If this Court is the transferee court, Defendants' time to answer or otherwise plead will be extended until 60 days after a consolidated amended complaint is filed, and Plaintiffs will file their opposition to a motion to dismiss, if filed, within 60 days thereafter. In the event that the Motion for Consolidation and Transfer under 28 U.S.C. § 1407 is denied, the parties will confer within seven (7) days of the JPML's order regarding the due date for responsive pleadings in this action. No discovery shall be served in the above-captioned matter while this stipulation is in effect;

2. In the event that Defendants voluntarily file or are ordered to file a responsive pleading in any other related action prior to the JPML's decision, Defendants agree that this stipulation will become void and in that event, all of the parties agree to negotiate in good faith regarding a responsive pleading date.

3. If this Court is the transferee court, Defendants agree that they will engage in a conference pursuant to Fed. R. Civ. P. 26(f) with Plaintiffs within 14 days of appointment of lead counsel for the Plaintiffs. If the Motion for Consolidation and Transfer under 28 U.S.C. § 1407 is denied, Defendants agree that they will engage in a conference pursuant to Fed. R. Civ. P. 26(f) with Plaintiffs within 14 days of the denial of the motion.

ATTESTATION

I hereby attest that I have on file all holographic signatures corresponding to any signatures indicated by a conformed signature (/s/) within this e-filed document.

PURSUANT TO STIPULATION, IT IS SO ORDERED.