STIPULATION AND ORDER TO CONTINUE DATES IN PRETRIAL SCHEDULING ORDER

TROY L. NUNLEY, District Judge.

Pursuant to L.R. 143 and 144, Defendant Bamboo Industries LLC doing business as SolarHooks ("SolarHooks"), and Plaintiff Rillito River Solar LLC, doing business as EcoFasten Solar ("EcoFasten"), hereby stipulate and agree to continue the dates in the Pretrial Scheduling Order (Dkt. 15) as modified by the Minute Order on the Stipulation to Modify Pretrial Scheduling Order (Dkt. 48) (collectively "the Modified Pretrial Scheduling Order") by at least 90 days.

Good cause exists to continue the dates in the Modified Pretrial Scheduling Order. After the Court's entry of its Claim Construction Order on September 11, 2018 (ECF. No. 50), both parties recognized an opportunity to narrow the issues in the case, and have begun the process of scheduling a mediation to resolve their dispute. The parties are optimistic that mediation will result in either a complete settlement or a significant narrowing of the number of patents and accused products at issue. The number of patents and accused products at issue have a direct impact on issues for which the parties plan to provide expert testimony, including, but not limited to: infringement or non-infringement of the patent-claims-at-issue by SolarHooks, invalidity or validity of the patent-claims-at-issue, and the calculation of damages. But, given the current schedule, the parties will not be able to engage in mediation and detailed settlement discussions before initial expert reports are due on October 12, 2018. As a result, the parties fear they will have to expend significant resources providing expert testimony that may no longer be relevant after the parties mediate and narrow the scope of their dispute.

The parties therefore request at least a 90-day continuance of all currently scheduled dates to provide enough time to complete the mediation process and any later settlement discussion arising from the mediation process. The parties also seek at least a 90-day continuance so that they have sufficient time to prepare expert reports for any remaining issues in dispute after mediation, if needed. The table below shows the current dates identified in the Modified Pretrial Scheduling Order and the proposed dates the parties request through this stipulation:

Pretrial Conference after July 11 or the start of Trial Dates after September 3, the parties request a likewise continuance for the other dates in the calendar.

Therefore, to preserve resources of the parties, to provide adequate time for mediation, related settlement discussion, and expert witnesses to prepare written reports following mediation and related settlement discussion, the parties hereby stipulate to at least a 90-day continuance of all dates in the Pretrial Scheduling Order (Dkt. 15) as modified by the Minute Order on the Stipulation to Modify Pretrial Scheduling Order (Dkt. 48).

ORDER

The Court amends its Pretrial Scheduling Order as follows: