STIPULATION TO EXTEND TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFF'S AMENDED COMPLAINT

JON S. TIGAR, District Judge.

Pursuant to Federal Rule of Civil Procedure 12, and Local Rule 6-1(a), Defendants SAFEWAY INC. and SAFEWAY BENEFIT PLANS COMMITTEE (collectively, "Defendants") and Plaintiff MARLA KARLA TERRAZA ("Plaintiff") (Plaintiff and Defendants collectively referred to as the "Parties") hereby stipulate, by and through their respective counsel, to extend the time by which Defendants have to respond to Plaintiff's amended complaint ("Amended Complaint") and, in support thereof, state as follows:

WHEREAS, Plaintiff's Amended Complaint was filed on November 18, 2016 (Docket No. 37);

WHEREAS, Defendants filed a motion to dismiss Plaintiff's Amended Complaint on January 5, 2017 (Docket No. 46);

WHEREAS, the Court denied Defendants' motion to dismiss Plaintiff's Amended Complaint by order dated March 13, 2017 (Docket No. 65);

WHEREAS, Plaintiff's counsel informed the Court and Defendants at the March 15, 2017 scheduling conference that Plaintiff intends to seek a stipulation to file a Second Amended Complaint, and if said stipulation cannot be agreed upon, Plaintiff intends to file a motion for leave to file a Second Amended Complaint;

WHEREAS, at the March 15, 2017 case management conference, the Court set a deadline to add parties or amend the pleadings by March 31, 2017 (Docket No. 67);

WHEREAS, pursuant to Federal Rule of Civil Procedure 12(a)(4)(A), Defendants' deadline to respond to Plaintiff's Amended Complaint is currently March 27, 2017;

WHEREAS, Defendants' response to Plaintiff's Amended Complaint will necessarily be affected by amendment to Plaintiff's Amended Complaint;

WHEREAS, this stipulation regarding an extension for Defendants to respond to Plaintiff's Amended Complaint will not alter any dates set by the Court;

NOW, THEREFORE, the Parties hereby stipulate and agree as follows:

IT IS SO STIPULATED.

I attest that my firm has obtained James E. Miller's concurrence in the filing of this document.

[PROPOSED] ORDER

Should the Parties stipulate to allow Plaintiff to further amend her Amended Complaint, or if Plaintiff is granted leave to further amend her Amended Complaint pursuant to a motion for leave, Defendants' deadline to respond to Plaintiff's Second Amended Complaint shall be extended to twenty-one (21) days after Plaintiff's Second Amended Complaint is filed.

Should the Court deny any motion for leave filed by Plaintiff to further amend her Amended Complaint, Defendants' deadline to respond to Plaintiff's Amended Complaint shall be extended to twenty-one (21) days after the Parties receive notice of the Court's order denying said motion.

IT IS SO ORDERED.