STIPULATED REQUEST FOR ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND ORDER THEREON

JEFFREY S. WHITE, District Judge.

Plaintiffs Genentech, Inc. ("Genentech") and Roche Palo Alto LLC ("Roche Palo Alto") and Defendant Apotex Inc. ("Apotex"), pursuant to Civil Local Rules 6-1 and 6-2, respectfully request that the Court enter the following stipulation to continue by a further eight (8) weeks the date of the further case management conference and of the associated deadline for submitting a joint case management statement, while the parties work to finalize definitive settlement documents.

1. Reason for the Extension of Time.

On March 10, 2014 the Court issued an Order Denying Motion for Summary Judgment in which the Court scheduled a further case management conference for April 18, 2014 and ordered the parties to submit a joint case management statement by April 11, 2014. ECF No. 112 at 4. Following issuance of this Order, the parties have been engaged in direct discussions to explore the possibility of a settlement. On June 6, 2014 the Court granted the parties' stipulated request and entered an Order extending the deadline for the parties to submit their joint case management statement to July 18, 2014 and rescheduling the further case management conference for July 25, 2014. ECF No. 116.

The parties have made good progress in their negotiations and have jointly agreed to seek the requested extension so that the parties can finalize definitive settlement documents for presentation to the Court.

2. Prior Time Modifications in This Case.

On August 1, 2011 and March 22, 2012, the Court sua sponte rescheduled the dates of the claim construction tutorial and the claim construction hearing, without affecting the remaining scheduled pretrial dates. ECF Nos. 41 & 59. On October 25, 2011 and February 1, 2013, the Court granted the parties' stipulated requests to extend the ADR deadline, without affecting the remaining scheduled pretrial dates. ECF Nos. 47 & 55. On November 13, 2013, the Court granted the parties' stipulated request to amend the Case Management and Magistrate Judge Referral Order (ECF No. 71). ECF No. 78. On July 8, 2013, the Court sua sponte entered an order continuing scheduled pretrial dates. ECF No. 102. On October 25, 2013 the Court sua sponte vacated the hearing date for the defendant's motion for summary judgment concurrently with granting a stipulated request in the related case to vacate the hearing date for the defendant's motion for summary judgment in that case. ECF No. 107. On January 10, 2014, the Court sua sponte vacated all dates previously set in this case. ECF No. 111. On March 10, 2014, the Court issued an Order Denying Motion for Summary Judgment, setting a deadline of April 11, 2014 for the parties to submit a case management statement and scheduling a further case management conference for April 18, 2014. ECF No. 112. On April 8, 2014, the Court entered a stipulated Order extending the deadline for submission of the parties' joint case management statement to June 6, 2014 and rescheduling the further case management conference for June 13, 2014. ECF No. 114. On June 6, 2014, the Court entered a stipulated Order extending the deadline for submission of the parties' joint case management statement to July 18, 2014 and rescheduling the further case management conference for July 25, 2014. ECF No. 116.

3. Effect of Modification.

The requested extension will extend the deadline for the parties to submit their joint case management statement to September 12, 2014 and will reschedule the date of the further case management conference for September 19, 2014 at 11:00 a.m.

FILER'S ATTESTATION

Pursuant to Civil L.R. 5-1(i)(3), regarding signatures, I, Stephen S. Rabinowitz, attest that concurrence in the filing of this document has been obtained.

PURSUANT TO STIPULATION, IT IS SO ORDERED.