STIPULATION RE EXTENSION OF TIME TO FILE OPPOSITION AND REPLY RE MOTION TO DISMISS

EDWARD M. CHEN, District Judge.

WHEREAS one of Plaintiff's counsel, Robert I. Lax, lives in lower Manhattan, New York, and maintains his offices at 380 Lexington Avenue, New York, New York. Mr. Lax was forced to leave his home and unable to travel to his office until today due to the recent hurricane, and his assistance is necessary in order to complete an opposition to the pending motion to dismiss filed by Defendant Sioux Honey Association, Cooperative ("Sioux Honey" or "Defendant");

WHEREAS on October 25, 2012, Defendant Sioux Honey filed its motion to dismiss pursuant to Fed. R. Civ. P. Rules 12(b)(1) and 12(b)(6), currently set for hearing on December 11, 2012. Plaintiff Gregory Brod's response is due November 8, 2012 and Sioux Honey's reply is due November 15, 2012;

WHEREAS in view of the east coast hurricane, Plaintiff Brod seeks an extension of time to file his opposition to the motion to dismiss to November 15, 2012;

AND WHEREAS, Defendant is willing to stipulate to the extension requested by Plaintiff Brod, but the extension for Brod creates a scheduling conflict for Defendant to prepare its reply brief with other matters already scheduled, Defendant seeks an extension to file its reply to November 27, 2012, which will not affect the hearing date of December 11, 2012;

WHEREAS the parties have not previously requested an extension in connection with the pending motion to dismiss, although they have stipulated to, sought and received extensions in connection with previous motions;

WHEREFOR pursuant to Local Rules 6-2 and 7-12, Plaintiff Brod and Defendant respectfully request that the Court issue an order permitting an extension of time within which Brod may file his opposition to the motion to dismiss to on or before November 15, 2012, and Defendant may file its reply on or before November 27, 2012.

SO STIPULATED.

PURSUANT TO STIPULATION, IT IS SO ORDERED.