CLASS ACTION

STIPULATION TO CONTINUE HEARING ON PLAINTIFFS, LENDING 1ST MORTGAGE, AND LENDING 1ST LLC'S JOINT MOTION FOR PRELIMINARY APPROVAL OF PARTIAL CLASS ACTION SETTLEMENT

CLAUDIA WILKEN, District Judge.

Pursuant to Federal Rule of Civil Procedure 6(b) and Local 6-1(b), plaintiffs Armando Plascencia and Melania Plascencia ("Plaintiffs"), defendants Lending 1st Mortgage and Lending 1st Mortgage LLC (collectively "Lending 1st"), and defendant EMC Mortgage Corporation ("EMC") (together, with Plaintiffs and Lending 1st, the "Parties"), through their undersigned counsel, stipulate as follows:

WHEREAS, on September 10, 2012, Plaintiffs and Lending 1st filed a Joint Motion for Preliminary Approval of Partial Class Action Settlement ("Motion") (Dkt. No. 404);

WHEREAS, on September 24, 2012, EMC filed their Opposition to the Motion (Dkt. No. 407);

WHEREAS, on October 15, 2012, Plaintiffs and Lending 1st filed their Joint Reply to EMC's Opposition (Dkt. No. 413);

WHEREAS, the hearing on the Motion is set for November 15, 2012 at 2:00 p.m. before this Court;

WHEREAS, Plaintiffs' counsel, Lee A. Weiss, planned to attend the hearing, but is recovering from the power outages caused by Hurricane Sandy and the second storm that hit New York on November 8, 2012; and

WHEREAS, Lending 1st and EMC have agreed to Plaintiffs' request for a continuance of the hearing on the Motion and would not be prejudiced by this continuance;

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, between Plaintiffs, by their undersigned counsel, Defendants Lending 1st, by their undersigned counsel, and Defendant EMC, by its undersigned counsel, that, subject to the approval of this Court:

Respectfully submitted,

ECF CERTIFICATION

Pursuant to Local Rule 5-1(i)(3), the filing attorney attests that he has obtained concurrence regarding the filing of this document from the signatories to the document. Lee A. Weiss

CLASS ACTION

DECLARATION OF LEE A. WEISS IN SUPPORT OF STIPULATION TO CONTINUE HEARING ON PLAINTIFFS, LENDING 1ST MORTGAGE, AND LENDING 1ST LLC'S JOINT MOTION FOR PRELIMINARY APPROVAL OF PARTIAL CLASS ACTION SETTLEMENT

I, Lee A. Weiss, declare the following pursuant to 28 U.S.C. § 1746:

1. I am one of the attorneys of record for Plaintiffs ARMANDO PLASCENCIA and MELANIA PLASCENCIA ("Plaintiffs") and the class in the above-captioned action. The matters stated herein are known to me personally, and if called as a witness, I could and would competently testify thereto.

2. On September 10, 2012, Plaintiffs and Defendants Lending 1st Mortgage and Lending 1st Mortgage LLC (collectively "Lending 1st") filed a Joint Motion for Preliminary Approval of Partial Class Action Settlement ("Motion") (Dkt. No. 404). The hearing on the motion is scheduled for November 15, 2012 at 2:00 pm.

3. On September 24, 2012, EMC Mortgage Corporation ("EMC") filed their Opposition to the Motion (Dkt. No. 407).

4. On October 15, 2012, Plaintiffs and Lending 1st filed their Joint Reply to EMC's Opposition (Dkt. No. 413);

5. I planned on attending the hearing, but am recovering from the power outages caused by Hurricane Sandy and the second storm that hit New York on November 8, 2012.

6. Plaintiffs have not before requested a continuance of the hearing on the Motion from the Court.

7. On November 13, 2012, I contacted counsel for EMC regarding a continuance of the hearing on the Motion to December 6, 2012, to which he agreed. On November 13, 2012, my office contacted counsel for Lending 1st regarding a continuance of the hearing on the Motion to December 6, 2012, to which he agreed.

I declare under penalty of perjury that the foregoing is true and correct. Executed within the United States on November 13, 2012.

ORDER

Pursuant to the Stipulation of counsel and for good cause shown, IT IS HEREBY ORDERED that:

IT IS SO ORDERED.