STIPULATION FOR AN EXTENSION OF TIME FOR DEFENDANTS' TO RESPOND TO THE FIRST AMENDED COMPLAINT

SAUNDRA B. ARMSTRONG, District Judge.

Plaintiffs Sandra Hatfield, Laurel Antonucci and Maureen Patricia Murphy ("Plaintiffs") and Defendant Renal Treatment Centers — California, Inc., erroneously sued as DaVita Healthcare Partners Inc. ("Defendant"), by and through its respective counsel of record, hereby stipulate and agree as follows:

1. WHEREAS, Plaintiffs filed their Complaint in the Superior Court of the State of California in Napa County on October 4, 2013;

2. WHEREAS, Defendant timely removed the action and filed a motion to dismiss Plaintiffs' Complaint pursuant to Federal Rule of Civil Procedure Rule 12(b)(6);

3. WHEREAS, this Court granted Defendant's motion to dismiss Plaintiffs' Complaint with leave to amend and ordered Plaintiffs to file their First Amended Complaint consistent with the Court's rulings by June 9, 2014 and to meet and confer regarding the sufficiency of Plaintiffs' amended allegations;

4. WHEREAS, Plaintiffs filed their First Amended Complaint on June 9, 2014 and Defendant's first responsive pleading is due Thursday, June 26, 2014;

5. WHEREAS, this Court requires the parties to meet and confer prior to the filing of any noticed motion and Defendant informed Plaintiffs that it considers the factual allegations in Plaintiffs First Amended Complaint insufficient to satisfy the pleading requirements of FRCP Rule 8(a)(2), intends to file a second Motion to Dismiss pursuant to FRCP Rule 12(b)(6), and invited Plaintiffs to meet and confer regarding the sufficiency of their amended allegations;

6. WHEREAS, the parties have agreed to stipulate to extending the deadline for Defendant to respond to Plaintiffs' First Amended Complaint to July 10, 2014 to give the parties time to meet and confer and to give Plaintiffs the opportunity to file a Second Amended Complaint;

THEREFORE,

Pursuant to Rule 6-1(a) of the Local Rules of the United States District Court for the Northern District of California, the Parties hereby stipulate: (1) to extend the deadline for Defendant to respond to Plaintiffs' First Amended Complaint to July 10, 2014; (2) to allow Plaintiffs to file a Second Amended Complaint by July 10, 2014 if they so choose following the parties' meet and confer; and (3) in the event Plaintiffs' file a Second Amended Complaint on July 10, 2014, Defendant's deadline to file an Answer or otherwise respond to Plaintiffs' Second Amended Complaint shall be in accordance with applicable Rules in the Federal Rules of Civil Procedure and/or the Northern District Court's Local Rules.

IT IS SO STIPULATED.

ORDER

The Court, having considered the Parties' stipulation, hereby grant the parties' request: (1) to extend the deadline for Defendant to respond to Plaintiffs' First Amended Complaint to July 10, 2014; (2) to allow Plaintiffs' to file a Second Amended Complaint by July 10, 2014 if they so choose following the parties' meet and confer; and (3) in the event Plaintiffs to file a Second Amended Complaint by July 10, 2014, then the deadline for Defendant to file its Answer or otherwise respond to Plaintiffs' Second Amended Complaint shall be in accordance with applicable Rules in the Federal Rules of Civil Procedure and/or the Northern District Court's Local Rules.

IT IS SO ORDERED.