JOINT STIPULATION AND [PROPOSED] ORDER MODIFYING CASE SCHEDULE

RICHARD SEEBORG, District Judge.

Pursuant to Civil L.R. 6-2 and 7-12, Plaintiff Iridex Corporation ("Iridex") and Defendants Quantel Medical, S.A., Quantel USA, Inc., and Quantel S.A. ("Quantel") (Iridex and Quantel, collectively, the "Parties") stipulate as recited below and jointly request that the Court modify the current case schedule.

WHEREAS on January 8, 2018, Iridex filed the instant lawsuit. Dkt. No. 2.

WHEREAS on July 31, 2018, the Parties participated in a Settlement Conference before Magistrate Judge Sallie Kim. Dkt. No. 45.

WHEREAS on August 2, 2018 the Parties filed a Joint Stipulation Regarding Stay of Proceedings Pending Settlement Discussions (Dkt. No. 47), believing it may be possible to resolve the instant dispute out-of-Court and requested a brief stay.

WHEREAS on August 2, 2018 this Court, pursuant to the Parties stipulation, ordered the requested stay until September 30, 2018, requiring that the parties report back as to whether the Parties had reached an agreement-in-principle by that date. Dkt. No. 48.

WHEREAS the Parties have not reached an agreement and jointly request that the Court modify the Scheduling Order (Dkt. No. 39) as set forth below.

It is hereby STIPULATED AND AGREED, by and between the Parties and subject to the approval of the Court, that the Scheduling Order be modified as follows:

CERTIFICATION PURSUANT TO CIVIL L.R 5-1(i)(3) RE E-FILING ON BEHALF OF MULTIPLE SIGNATORIES

In accordance with Civil Local Rule 5-1(i)(3), I attest that concurrence in the filing of this document has been obtained from each of other signatories who are listed on the signature pages. I shall maintain records to support this concurrence for subsequent production for the Court if so ordered, or for inspection upon request by a party until one year after final resolution of the action (including appeal, if any).

I, Scott E. Kolassa, hereby declare and state:

1. I submit this declaration pursuant to Civil L.R. 6-2 in support of the Parties' Joint Stipulation Regarding Stay of Proceedings Pending Settlement Discussions. I have personal knowledge of the facts set forth in this declaration and, if called to testify as a witness, could and would do so competently.

2. On January 8, 2018, Iridex filed the instant lawsuit.

3. On July 31, 2018, the Parties participated in a Settlement Conference before Magistrate Judge Sallie Kim. I was present for the Settlement Conference.

4. On August 2, 2018 the Parties filed a Joint Stipulation Regarding Stay of Proceedings Pending Settlement Discussions (Dkt. No. 47), believing it may be possible to resolve the instant dispute out-of-Court and requested a brief stay.

5. On August 2, 2018 this Court, pursuant to the Parties' stipulation, ordered the requested stay until September 30, 2018, requiring that the Parties report back as to whether they had reached an agreement-in-principle by that date. Dkt. No. 48.

6. The Parties have previously requested time modifications regarding Quantel's response to Iridex's Complaint; the date of the Initial Case Management Conference; the date of the Settlement Conference; and the temporary stay. The effect of the requested modification will be to extend the overall case schedule previously set forth in Dkt. No. 39.

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 2nd day of October, 2018, in Menlo Park, California.

[PROPOSED] ORDER

Pursuant to the Stipulation, the Court hereby ORDERS as follows:

Tutorial set for June 14, 2019 at 9:30 am.

Claim Construction Hearing set for June 14, 2019 at 10:00 am