STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINE FOR BANK OF AMERICA, N.A. TO RESPOND TO THE COMPLAINT

(Third Request)

CARL W. HOFFMAN, Magistrate Judge.

COME NOW, Defendant BANK OF AMERICA, N.A., for itself and as successor by merger to FIA CARD SERVICES, NA ("Defendant" or "BANA"),1 and Plaintiff KIM VANAMANN ("Plaintiff"), by and through their respective counsel of record in the above-captioned matter, and hereby stipulate and agree, pursuant to LR 7-1, as follows:

1. Another putative nationwide class action against BANA, containing substantially similar allegations, Pastor v. Bank of America, N.A., Case No. 3:15-cv-03831-MEJ (N.D. Cal. Aug. 21, 2015) ("Pastor"), filed on August 21, 2015, nearly a year before this case was filed on June 20, 2016, is currently pending in the Northern District of California. Like this action, Pastor involves allegations that BANA accessed Plaintiff's credit information without a permissible purpose under the Fair Credit Reporting Act, 15 U.S.C. Section 1681 et seq.

2. BANA has reached a settlement agreement in Pastor and BANA contends that Vanamann's claims are the same as those that are being resolved in Pastor.

3. The Parties are entering into this stipulation in good faith and not for purposes of delay.

IT IS HEREBY STIPULATED THAT:

4. The deadline for BANA to respond to the Complaint is hereby extended to November 14, 2016. The extension will allow the parties to complete a settlement of the matter.

ORDER

IT IS SO ORDERED.