STIPULATION AND [] ORDER TO EXTEND BRIEFING SCHEDULE ON DEFENDANT'S MOTION TO DISMISS, TO RESCHEDULE MOTION HEARING, AND TO RESCHEDULE CASE MANAGEMENT CONFERENCE

RONALD M. WHYTE, District Judge.

Plaintiff Nicholas Derby ("Plaintiff"), by and through his attorneys Parisi & Havens LLP and McGuire Law, P.C., and Defendant AOL, Inc. ("Defendant"), by and through its attorneys Covington & Burling LLP, pursuant to Local Rules 6-1, 6-2 and 7-12 hereby stipulate as follows:

1. On June 25, 2015, Plaintiff filed his First Amended Class Action Complaint. (Dkt. 31.)

2. On July 16, 2015, Defendant filed its Motion to Dismiss the First Amended Class Action Complaint ("Motion to Dismiss"). (Dkt 35.)

3. The hearing on Defendant's Motion to Dismiss is currently set for August 21, 2015 at 9:00 a.m. Plaintiff's opposition to the Motion to Dismiss is currently due on July 30, 2015, and Defendant's reply brief is currently due on August 6, 2015.

4. The Parties have met and conferred and believe that, in light of the amount of time necessary to thoroughly address the issues presented in Defendant's Motion to Dismiss, and in light of the work and travel schedules of counsel, good cause exists to continue the hearing on Defendant's Motion to Dismiss until September 11, 2015, and good cause exists for an extension of time for Plaintiff to properly respond to Defendant's Motion to Dismiss and for Defendant to properly reply in support thereof.

5. Additionally, on July 1, 2015, the Court set a Case Management Conference for July 31, 2015, with a Case Management Statement due on July 24, 2015. (Dkt. 32.) The Parties have met and conferred and believe that, in light of Defendant's pending Motion to Dismiss, and in light of the Motion to Dismiss being set for hearing, in the interests of efficiency and judicial economy, the Case Management Conference should be rescheduled to September 11, 2015—the same date as the hearing on the Motion to Dismiss.

6. This Stipulation is made in good faith and not for the purpose of delay or for any other improper purpose. No other date or deadline would be impacted by the extensions requested in this Stipulation.

7. Consequently, Plaintiff Nicholas Derby and Defendant AOL, Inc. hereby stipulate to, and request that this Honorable Court enter an Order: (i) extending the deadline for Plaintiff to file his response to Defendant's Motion to Dismiss by seven (7) days to August 6, 2015; (ii) extending the deadline for Defendant to file its reply in support of the Motion to Dismiss by fourteen (14) days to August 27, 2015; (iii) subject to the Court's availability, rescheduling the hearing on Defendant's Motion to Dismiss to September 11, 2015; and (iv) subject to the Court's availability, rescheduling the Case Management Conference to September 11, 2015, or the same date as the hearing on Defendant's Motion to Dismiss, with a Case Management Statement due September 4, 2015, or seven days prior to the rescheduled Case Management Conference.

Pursuant to Stipulation, IT IS SO ORDERED.