JOINT STIPULATION AND [PROPOSED] ORDER CONCERNING FIRST AMENDED CLASS ACTION COMPLAINT

RICHARD SEEBORG, District Judge.

Pursuant to Local Rule 6-1 and 6-2, Plaintiff Vincent D. Mullins ("Plaintiff"), and Defendant Premier Nutrition Corporation ("Defendant"), through their respective counsel of record (collectively, "the Parties"), hereby stipulate and agree, subject to the Court's approval, as follows:

WHEREAS, on March 21, 2013, Plaintiff's counsel filed the operative Class Action Complaint on behalf of Vincent D. Mullins and all others similarly situated (Dkt. 1), and on May 21, 2013, defendant Premier Nutrition Corp. f/k/a Joint Juice, Inc. filed its answer to the Class Action Complaint (Dkt. 21);

WHEREAS, pursuant to Fed. R. Civ. P. 15(b)(2), Defendant hereby provides its written consent for Plaintiff's counsel to file a First Amended Class Action Complaint ("FAC") wherein Kathie Sonner is substituted as the named plaintiff and proposed class representative for Mr. Mullins;

WHEREAS, the FAC also adds allegations seeking damages under the Consumers Legal Remedies Act pursuant to Cal. Civ. Code §1782(d); and

WHEREAS, to promote economy and efficiency, Defendant has reviewed the FAC and proposes that consistent with its prior answer, the FAC will be deemed answered and any new allegations will be deemed denied.

NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the Parties, through their respective counsel and subject to the Court's approval, that:

Plaintiff's First Amended Class Action Complaint will be filed concurrently, and consistent with Defendant's previous answer, the First Amended Class Action Complaint will be deemed answered and any new allegations will be deemed denied.

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

[PROPOSED] ORDER

Having reviewed the above Stipulation and Proposed Order Concerning First Amended Class Action Complaint, IT IS HEREBY ORDERED that the Court finds that good cause exists for the entry of this Order.

IT IS SO ORDERED.