STIPULATION AND ORDER REGARDING EXTENSION OF FACT DISCOVERY DEADLINE

HAYWOOD S. GILLIAM, Jr., District Judge.

Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff/Counterdefendant Zee Apparel Inc. d/b/a Shop Under ("Zee Apparel") and Defendant/Counterclaimant The RealReal, Inc. ("The RealReal"), by and through their counsel, file this Stipulation and [Proposed] Order Regarding Extension of Fact Discovery Deadline.

WHEREAS, on May 24, 2016, the Court issued its Scheduling Order setting the current schedule;

WHEREAS, the parties require additional time to conduct fact depositions following motion practice related to the Federal Rule of Civil Procedure 30(b)(6) deposition of Zee Apparel (see ECF No. 38);

WHEREAS, Zee Apparel is available for deposition on October 19, 2016 in Montreal, Canada;

WHEREAS, The RealReal agreed to make its Federal Rule of Civil Procedure 30(b)(6) and 30(b)(1) witnesses available in a one-week period in order to minimize the travel for Zee Apparel's counsel, and The RealReal's witnesses are available the week of October 31, 2016; and

WHEREAS, the parties agree that no party shall serve any additional fact discovery in the form of interrogatories, requests for production or inspection of documents or other tangible things, or requests for admission (however, this stipulation does not include any restriction on expert discovery);

WHEREAS, Zee Apparel agrees to disclose by October 28, 2016 the name(s) and topics to be covered by any experts for whom Zee Apparel will provide an opening expert report under FRCP 26(a)(2)(B);

NOW, THEREFORE, the parties stipulate and agree, subject to the Court's approval, that:

(1) the Fact Discovery Cutoff shall be shifted from October 10, 2016 to November 4, 2016;

(2) as a result, the deadline for Expert Initial Reports shall be shifted from October 24, 2016 to November 7, 2016, and the deadline for Expert Rebuttal Reports shall be shifted from November 7, 2016 to November 16, 2016;

(3) all other deadlines shall remain the same, including the trial date and the dispositive motions hearing deadline; and

(4) the Revised Schedule shown below shall be adopted for this case.

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Pursuant to Civil Local Rule 5-1(i)(3), the filer of this document attests that concurrence in the filing of this document has been obtained from the other signatory above. SIDLEY AUSTIN LLP