STIPULATION AND [PROPOSED] ORDER TO WITHDRAW DEFENDANT'S REPLY TO PLAINTIFF'S OPPOSITION TO SKY CHEF'S MOTION FOR JUDGMENT ON THE RECORD [DKT. 47]

Motion Hearing: December 13, 2018

HAYWOOD S. GILLIAM, JR., District Judge.

IT IS HEREBY STIPULATED by and between plaintiff ERIC DMUCHOWSKY and defendant SKY CHEFS, INC., by and through their respective counsel, that defendant's Reply To Plaintiff's Opposition To Sky Chef's Motion For Judgment On The Record, filed as Docket No. 47, is hereby withdrawn and shall not be considered by the Court in its ruling on the Parties' Rule 52 motions.

Good cause exists for the stipulation as follows:

In the Court's Scheduling Order of June 20, 2018 [Dkt. 28], the Court set a briefing schedule regarding Rule 52 Motions. In that Order, the Court set deadlines for the Parties' Opening Briefs and Responsive Briefs. Pursuant to that Order, the total number of briefs allowed for each party is to be two briefs. However, when Defendant filed its motion, the Court docket system generated a notice and deadline for filing a reply memorandum. As reply memoranda are allowed under the Local Civil Rules and based on the Court docket notice [Dkt. 44], Defendant filed a reply memorandum in support of its Rule 52 Motion. After consultation with plaintiff's counsel, defendant agreed to withdraw its reply memorandum filed on November 30, 2018. [Dkt 48]. As such, the Parties stipulate to the withdrawal of defendant's Reply To Plaintiff's Opposition To Sky Chef's Motion For Judgment On The Record.

IT IS SO STIPULATED.

PURSUANT TO STIPULATION, IT IS SO ORDERED.