STIPULATION AND [PROPOSED] ORDER EXTENDING DATE TO RE-FILE MOTION TO DISMISS IN ORDER TO FINALIZE PENDING SETTLEMENT

JON S. TIGAR, District Judge.

WHEREAS, on April 18, 2017, the above-captioned action was assigned to United States District Judge Jon S. Tigar. ECF 15;

WHEREAS, by Stipulation filed on April 18, 2017, the parties requested that the Court extend Defendants' time to re-file their motion to dismiss the Complaint ("the Motion"), previously filed before Magistrate Judge Joseph C. Spero, in order to facilitate the parties' settlement discussions;

WHEREAS, by Order dated April 18, 2017, this Court extended the time for the parties to submit a schedule for re-filing the Motion and for briefing thereon to April 26;

WHEREAS, the parties have now reached a settlement-in-principle to resolve fully and dismiss with prejudice this action and wish to have time to complete the settlement documentation and to perform the terms of such settlement;

NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and among the respective parties hereto, subject to the approval of the Court, that:

The parties shall have an additional 30 days from April 26, 2017 to May 26 to file a dismissal with prejudice or, in the event settlement is not finalized, a proposed hearing date and briefing schedule for the Motion. All other pre-trial dates are off-calendar pending settlement.

SO STIPULATED.

[PROPOSED] ORDER

The parties having so stipulated and good cause appearing, IT IS HEREBY ORDERED that:

1. The parties shall have an additional thirty (30) days from April 26, 2017 to May 26 to file a dismissal with prejudice or, in the event settlement is not finalized, a proposed hearing date and briefing schedule for the Motion

2. All other pre-trial dates are off-calendar pending settlement.

IT IS SO ORDERED.