JOINT STIPULATION TO CONTINUE THE HEARING ON THE MOTION TO DISMISS FIRST AMENDED COMPLAINT AND PROPOSED ORDER

BETH LABSON FREEMAN, District Judge.

TO THIS HONORABLE COURT:

Plaintiff, ILLUMINADA KENERY ("plaintiff"), and defendant, WELLS FARGO BANK, N.A., successor by merger with Wells Fargo Bank Southwest, N.A., f/k/a Wachovia Mortgage, FSB, f/k/a World Savings Bank, FSB ("Wells Fargo"), through their counsel of record present the following stipulation to continue the hearing on Wells Fargo's Motion to Dismiss First Amended Complaint.

RECITALS

1. WHEREAS, a hearing is scheduled on Wells Fargo's Motion to Dismiss the First Amended Complaint on May 29, 2014;

2. WHEREAS, the Parties are engaged in settlement negotiations and believe that this action can be settled without the aid of a mediator, but require additional time;

3. WHEREAS, the settlement negotiations may facilitate a prompt voluntary resolution of the case with no further litigation thereby conserving scarce judicial resources and unnecessary litigation costs;

4. WHEREAS, if the action cannot be settled timely, the parties will file a subsequent stipulation requesting referral to mediation;

5. WHEREAS, the parties stipulate to continue Wells Fargo's Motion to Dismiss the First Amended Complaint ninety days to August 28, 2014 or a date thereafter that is convenient with the Court's calendar;

6. WHEREAS, this stipulation waives no rights of either Party;

7. WHEREAS, no other extension to continue Wells Fargo's Motion to Dismiss the First Amended Complaint has previously been stipulated to or requested.

STIPULATION

IT IS HEREBY STIPULATED that the hearing Wells Fargo's Motion to Dismiss the First Amended Complaint is continued ninety days to August 28, 2014 or a date thereafter that is convenient with the Court's calendar.

ATTESTATION PURSUANT TO GENERAL ORDER 45

I, Kenneth A. Franklin, attest that concurrence in the filing of this document has been obtained from each signatory. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this day of May 23, 2014.

ORDER

The above stipulation is hereby approved by the Court. The Motion to Dismiss the First Amended Complaint is hereby continued from May 29, 2014 until August 21, 2014 at 9:00 a.m.

IT IS SO ORDERED.