JOINT STIPULATION TO EXTEND THE DEADLINE FOR MEDIATION AND ORDER

VINCE CHHARIA, District Judge.

Pursuant to ADR L.R. 6-5(a) and Civil L.R. 6-2 and 7-1(a)(2), Plaintiff Jerald A. Bovino ("Plaintiff") and Defendant Incase Designs, Corp ("Defendant") hereby jointly request that the Court extend the mediation deadline from November 11, 2014 to 60 days after the Court issues its Claim Construction Order. In support of this request, the parties state the following:

1. This Court has not entered a Scheduling Order in this case. A Case Management Conference is scheduled for October 7, 2014. (Dkt. No. 81.)

2. The Court has appointed Shirish Gupta as the mediator for this case, and a mediation deadline has been set for November 11, 2014. The parties' counsel and Mr. Gupta conducted a pre-mediation telephone conference, pursuant to ADR L.R. 6-6. However, the mediation is not yet scheduled.

3. Incase believes that the prospects for settlement will be dictated by this Court's claim construction ruling, that settlement prior to claim construction is unlikely, and as such mediating before claim construction would not be a good use of the parties' time or ADR resources. As such, Incase has proposed that the parties mediate 60 days after the Court issues its Claim Construction Order.

4. Accordingly, the parties jointly request that the Court extend the mediation deadline from November 11, 2014 to 60 days after the Court issues its Claim Construction Order. The parties further request that the Court maintain the present Case Management Conference date on October 7, 2014.

5. Pursuant to ADR L.R. 6-5(a), this Stipulation is being served on Mr. Gupta. Mr. Gupta has indicated that he will apprise the ADR Unit regarding this Stipulation.

Respectfully submitted.

PURSUANT TO STIPULATION, IT IS SO ORDERED.