STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME FOR DEFENDANT UNITED PARCEL SERVICE, INC. TO RESPOND TO FIRST AMENDED COMPLAINT

MAXINE M. CHESNEY, District Judge.

By and through their respective attorneys of record, Plaintiff Craig Ogans and Defendant United Parcel Service, Inc. ("UPS") (collectively, the "Parties") stipulate and agree as follows:

WHEREAS, Plaintiff filed his initial Complaint in San Francisco Superior Court on March 6, 2017;

WHEREAS, UPS removed the action to this Court on April 28, 2017;

WHEREAS, UPS moved to dismiss Plaintiff's Complaint for failure to state a claim upon which relief can be granted on May 5, 2017;

WHEREAS, Plaintiff filed his First Amended Complaint on May 19, 2017;

WHEREAS, on June 1, 2017, pursuant to the Parties' stipulation, the Court ordered that UPS's deadline to file and serve its response to Plaintiff's First Amended Complaint shall be extended to June 30, 2017;

WHEREAS, the Parties have used this extension of time to discuss the allegations contained in Plaintiff's First Amended Complaint and UPS's defenses against Plaintiff's claims;

WHEREAS, the Parties have reached a resolution of Plaintiff's claims in principle and need additional time to finalize the settlement agreement;

THEREFORE, the Parties stipulate and agree to extend the time for UPS to file and serve its response to Plaintiff's First Amended Complaint to July 20, 2017.

The undersigned attests that the signatory listed above concurs in the content of this document and has authorized its filing.

DECLARATION OF C. YEWLEH CHEE

I, C. Yewleh Chee, declare as follows:

1. I am an attorney duly licensed to practice before this Court and before all of the Courts of the State of California. I am an Associate at the law firm of Grube Brown & Geidt LLP and counsel of record for Defendant United Parcel Service, Inc. ("UPS") in this action.

2. UPS removed this action to this Court on April 28, 2017. UPS moved to dismiss Plaintiffs Complaint for failure to state a claim upon which relief can be granted on May 5, 2017.

3. Instead of opposing UPS's motion to dismiss, Plaintiff filed his First Amended Complaint on May 19, 2017.

4. On June 1, 2017, the Parties stipulated and the Court ordered that UPS's deadline to file and serve its response to Plaintiffs First Amended Complaint shall be extended to June 30, 2017.

5. The Parties used this extension of time to discuss the allegations contained in Plaintiffs First Amended Complaint and UPS`s defenses against Plaintiffs claims.

6. The Parties have reached a resolution of this action and are now finalizing the settlement agreement.

7. Good cause exists to extend the deadline for UPS to file its response to the First Amended Complaint from June 30, 2017 to July 20, 2017. This enlargement oftime is needed by the Parties to finalize the settlement agreement.

8. There has been one previous time modification in this case.

9. This requested time modification would not alter the schedule for the case.

I declare under penalty of perjury under the laws of the State of California and the United States of America that the foregoing is true and correct.

Executed this 26th day of June, 2017, at San Francisco, California.

[PROPOSED] ORDER

This Court, having reviewed the foregoing Stipulation, and good cause appearing therefore, HEREBY ORDERS that the deadline for Defendant United Parcel Service, Inc. to file and serve its response to Plaintiff's First Amended Complaint shall be extended to and include July 20, 2017.

PURSUANT TO STIPULATION, IT IS SO ORDERED.