AGREED MOTION AND ORDER EXTENDING INITIAL CMC AND RELATED DEADLINES

NATHANAEL M. COUSINS, District Judge.

Pursuant to Civil Local Rules 6-2 and 6-3, plaintiff Aquatic AV, Inc. ("Aquatic" or "plaintiff"), by and through its counsel, hereby submits the following Agreed Motion and [Proposed] Order Extending Initial CMC and Related Deadlines ("Motion to Extend"), and supporting Declaration of David C. Bohrer in support of Agreed Motion and [Proposed] Order Extending Initial CMC and Related Deadlines ("Bohrer Decl.").

1. The action entitled Aquatic AV, Inc. v. The Magnadyne Corporation, No. 3:14-cv-1931 NC was commenced on April 25, 2014.

2. In an effort to facilitate settlement discussions, plaintiff did not immediately serve the summons and complaint. Plaintiff provided a courtesy copy of the complaint to defendant The Magnadyne Corporation, Inc. ("Magnadyne" or "defendant") and invited informal settlement discussions.

3. Mr. Marc Lorelli, Brooks Kushman, P.C., responded on behalf of Magnadyne and expressed interest in discussing possible early resolution.

4. The parties, through their counsel (Mr. Bohrer and Mr. Lorelli), did in fact engage in settlement discussions over the approximate period early May, 2014 continuing up through the present; the parties' efforts in this regard have included entering into a written agreement protecting confidentiality of settlement discussions, numerous substantive oral and written settlement communications, distribution and discussion of defendant's sales data regarding the accused products, and plaintiff's preparation and presentation of claim charts.

5. The settlement discussions, while ongoing, have not yet resolved the matter and plaintiff has therefore served the complaint using the alternate procedures set forth in Federal Rule of Civil Procedure 4(d) ("waiving service"). In particular, on June 24, 2014, plaintiff served defendant with a request to waive service, which defendant has agreed to do. Defendant's responsive pleading comes due under Rule 4(d)(3) on August 25, 2014.

6. On April 28, 2014, the Court entered its Order Setting Case Management Conference and ADR Deadlines [D.N. 6], stating in pertinent part:

7. The parties seek to extend the above deadlines so they fall after defendant's responsive pleading comes due on August 25, 2014, as follows:

8. Mr. Lorelli, on behalf of Magnadyne, has reviewed the content of this motion and advised on behalf of Magnadyne that there is no objection to either the content or the relief requested. (Since Mr. Lorelli has not yet entered an appearance on behalf of Magnadyne, he lacked the ability to stipulate as counsel of record.)

WHEREFORE, for the reasons stated herein and the supporting Bohrer Decl., plaintiff requests the Court to extend the initial case management conference and related deadlines as provided in the attached proposed order.

[PROPOSED]ORDER

Based upon the plaintiff's Agreed Motion and Order Extending Initial CMC and Related Deadlines, as well as the Declaration of David C. Bohrer in support of Agreed Motion and Order Extending Initial CMC and Related Deadlines, the initial case management order and related deadlines are extended as follows:

IT IS SO ORDERED.