STIPULATION AND ORDER SETTING TIME FOR RESPONSE TO FIRST AMENDED COMPLAINT

HAYWOOD S. GILLIAM, Jr., District Judge.

The parties, by and through their respective counsel of record, stipulate as follows:

WHEREAS, Plaintiff Russian Hill Capital, LP filed and served its First Amended Complaint for: (1) Fraud (2) Misrepresentation of Facts — Cal Corp Code § 25501 (3) Violation of Section 14(e) of Exchange Act (the "First Amended Complaint") on July 7, 2015;

WHEREAS, Defendant Energy Corporation of America moved to dismiss the First Amended Complaint;

WHEREAS, Defendant Energy Corporation of America moved to dismiss the First Amended Complaint;

WHEREAS, by order entered March 15, 2016, the Court granted in part and denied in part Defendant's motion to dismiss, granting Plaintiff 30 days' leave to amend the dismissed claim under Section 14(e) — that is, until April 14, 2016;

WHEREAS, Defendant and Plaintiff have agreed to clarify the date for Defendant's response to the First Amended Complaint; and

WHEREAS, the requested schedule will not modify the schedule the Court set for a Case Management Conference on April 19, 2016;

THEREFORE, subject to the Court's approval, the parties stipulate as follows:

1. Defendant's response to Plaintiff's remaining claims in the First Amended Complaint shall be due on or before April 14, 2016.

2. This Stipulation is without prejudice to further scheduling discussions and suggestions to the Court that the parties may engage in should Plaintiff elect to amend the First Amended Complaint.

ORDER

Pursuant to the above stipulation, it is SO ORDERED.

Civil L.R. 5-1(i)

I, Michael L. Charlson, hereby attest that Steven S. Kaufhold has concurred in the filing of this document.