STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON MOTION TO DISMISS

EDWARD M. CHEN, District Judge.

Pursuant to Civil L.R. 6-1 (b), Plaintiff Dynatrace LLC. ("Plaintiff") and Defendants James Ramey and DeviceBits LLC (collectively, "Defendants"), by and through their undersigned attorneys, hereby state and stipulate, subject to Court approval, as follows:

WHEREAS, Defendants' Motion to Dismiss for Lack of Personal Jurisdiction or Improper Venue, or in the Alternative, to Transfer Venue (the "Motion"), is currently scheduled for hearing on July 28, 2016 at 1:30 p.m. in Department 5 of this Court (see D.I. 26);

WHEREAS, in accordance with the Court's ADR local rules, the parties have met and conferred and agreed to participate in private mediation with JAMS in the San Francisco Bay Area, to be completed by November 18, 2016 (see D.I. 37);

WHEREAS, the parties have agreed that, in the interest of conserving resources and without prejudice to the parties' respective positions and rights with respect to the Motion, the hearing on the Motion should be continued until after the parties have completed mediation, to November 3, 2016, at 1:30 p.m., unless the parties and the Court agree to an earlier date;

WHEREAS, the parties will meet and confer to schedule the mediation and expect to update the Court at the Case Management Conference on July 28, 2016 regarding the status of mediation scheduling and whether the Motion should be scheduled for an earlier date;

WHEREAS, the parties have previously stipulated to a 15 day extension of time for Defendants to answer or otherwise respond to the Complaint, to May 24, 2016 (see D.I, 16), and the Court previously granted the parties' request to move the CMC by one week to July 28, 2016, and to adjust the briefing schedule on the Motion;

WHEREAS, this requested continuance will not impact the case management schedule, as no schedule has been adopted and no trial date has been set;

NOW THEREFORE, IT IS STIPULATED AND AGREED, subject to this Court's approval, that:

1. The hearing on Defendants' Motion to Dismiss for Lack of Personal Jurisdiction or Improper Venue, or in the Alternative, to Transfer Venue, currently scheduled for July 28, 2016, at 1:30 p.m., is continued to November 3, 2016, at 1:30 p.m., in Department 5.

2. The Case Management Conference set for July 28, 2016, at 1:30 p.m., in Department 5, remains on calendar as previously scheduled.

ORDER

Having read and considered the foregoing Stipulation of the parties submitted herewith and for good cause shown,

PURSUANT TO STIPULATION, IT IS SO ORDERED.