STIPULATION AND ORDER TO EXTEND TIME TO RESPOND TO COMPLAINT

Third Request

PEGGY A. LEEN, Magistrate Judge.

Plaintiff Eric L. Steinmetz ("Plaintiff") and Defendant Brinker International, Inc. d/b/a Chili's Grill & Bar ("Brinker") (together, the "Parties") hereby stipulate and agree, subject to this Court's approval, that Brinker shall have an additional fourteen (14) days to file and serve a response to the Complaint, which was filed by Plaintiff on May 30, 2018. The Parties have twice stipulated to an extension of time to respond to the Complaint, with the most recent stipulation approved by the Court on August 1, 2018 and extending Brinker's time to respond to August 9, 2018.

The Parties request this additional time to continue to address the appropriate venue for this action. For context, three other class actions have been filed against Brinker alleging similar facts and claims in federal courts in California and Florida, and counsel and the parties in each of those matters are engaged in ongoing discussions regarding the appropriate venue for the actions and possible motions for transfer pursuant to 28 U.S.C. § 1404. To accommodate these ongoing discussions, the Parties request an additional extension of time to prepare Brinker's response and a possible motion for transfer in this complex matter.

Pursuant to this third stipulation and request, Brinker shall respond to the Complaint no later than August 23, 2018.

This stipulation is made in good faith, is not interposed for delay, and is not filed for an improper purpose.

ORDER

IT IS SO ORDERED.