JOINT STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING AND HEARING SCHEDULE FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT

NATHANAEL M. COUSINS, Magistrate Judge.

Plaintiff Yvette R. Balderas ("Balderas") and Defendant Massage Envy Franchising, LLC ("MEF") (collectively, Balderas and MEF are referred to as "the Parties") hereby stipulate and agree as follows:

WHEREAS, the Parties agreed to extend the current December 8, 2014, deadline for Class members to submit a claim form or request to be excluded from or object to the proposed Class Action Settlement to allow the Class members an additional 45 days to submit a claim form or request to be excluded from or object to the proposed Class Action Settlement;

WHEREAS, the Parties agreed that the Settlement Administrator shall send out via first class U.S. mail a reminder postcard notice to the Class members reminding them of their rights under the proposed Class Action Settlement and advising them that the December 8, 2014, deadline for them to submit a claim form or request to be excluded from or object to the proposed Class Action Settlement has been extended until January 22, 2015;

WHEREAS, within two (2) business days of an order approving this stipulation, the Settlement Administrator shall send out via first class U.S. mail a reminder postcard notice to the Class members, who previously received direct notice but from whom the Settlement Administrator has not received a claim form, reminding them of their rights under the proposed Class Action Settlement and that the December 8, 2014, deadline for them to submit a claim form or request to be excluded from or object to the proposed Class Action Settlement has been extend until January 22, 2015; and

WHEREAS, the Parties accordingly jointly request that the September 5, 2014 Order [Dkt. 65] be modified as follows: (1) the December 23, 2014, deadline for filing a joint motion for final approval and the Settlement Administrator's declaration of due diligence be extended until February 11, 2015; (2) the December 23, 2014 deadline for filing plaintiff's motion for class representative fee payment and class counsel fees and expenses payment be extended until January 8, 2015; and (3) the January 14, 2015, final approval hearing be vacated and rescheduled for March 4, 2015, or a date thereafter that is available on the Court's calendar;

I, Luanne Sacks, am the ECF user whose identification and password are being used to file the foregoing Joint Stipulation and [Proposed] Order Regarding Briefing and Hearing Schedule for Final Approval of Class Action Settlement. I hereby attest that the above-referenced signatories to this stipulation have concurred in this filing.

ORDER

PURSUANT TO THE PARTIES' STIPULATION,

IT IS HEREBY ORDERED that the Court's September 5, 2014 Order [Dkt. 65] be modified extending the December 23, 2014 deadline until February 11, 2015 for (i) the Parties to file a joint motion for final approval and (ii) the settlement administrator to file a declaration of due diligence.

IT IS FURTHER ORDERED that the Court's September 5, 2014 Order [Dkt. 65] be modified extending the December 23, 2014 deadline until January 8, 2015 for plaintiff to file a motion for class representative fee payment and class counsel fees and expenses.

IT IS FURTHER ORDERED that the January 14, 2015, Final Approval Hearing [Dkt. 65] is hereby vacated and rescheduled for March __, 2015, at _____ __.m, in Courtroom A.