STIPULATION AND [PROPOSED] ORDER MODIFYING PRETRIAL AND TRIAL SCHEDULE

CLAUDIA WILKEN, District Judge.

Plaintiffs and Counter-Claim Defendants TransPerfect Global, Inc., TransPerfect Translations International, Inc., and Translations.com, Inc. (together, "TransPerfect"), and Defendant and Counter-Claim Plaintiff MotionPoint Corporation ("MotionPoint"), by and through their counsel below, hereby jointly submit this stipulation and proposal to modify the pretrial and trial schedule.

WHEREAS, the Court in its September 19, 2012 Case Management Order (a) set the final pretrial conference for Wednesday, May 29, 2013, with corresponding deadlines in advance thereof for the exchange and submission of pretrial disclosures and other pretrial materials; (b) ordered the parties to participate in private mediation by Wednesday, April 10, 2013 (or as soon thereafter as is convenient to the mediator's schedule); and (c) set the case for a 10-day jury trial beginning June 10, 2012 (see Order, Dkt. 223);

WHEREAS, the Court has advised the parties "to go to private mediation after this [claim construction and summary judgment] order comes out" (Hrg. Tr., Dkt. 267 at 53:17-18), which order the Court has not yet issued;

WHEREAS, the Court has informed the parties that the trial start date may be moved from June 10, 2013 to June 24, 2013 (Id. at 55:10-11 (". . . I may not be able to try it on that date [June 10]. . . . we might be able to start on the 24th, which is a day you were planning on being in trial anyway. . . ."); Dkt. 266);

WHEREAS, the parties have met and conferred regarding scheduling of mediation and other pretrial deadlines in light of the anticipated move of the trial start date to June 24, 2013;

NOW, THEREFORE, in anticipation of the Court moving the trial start two weeks later to June 24, 2013, the parties hereby STIPULATE AND AGREE (a) to moving the final pretrial conference two weeks later to June 12, 2013, (b) to scheduling private mediation to occur within 30 days after the Court issues its claim construction and summary judgment order, and (c) to beginning trial on June 24, 2013. Accordingly, the parties propose and respectfully request that the Court enter an order adopting the following changes to the schedule in this action:

The parties also respectfully request that trial in this matter be held on July 2 and July 3, as the Court suggested at the Markman hearing. (Mar. 14, 2013 Hearing Tr. at 55:25-56:2.)1 The parties are working to streamline the issues in dispute for trial. Depending upon the result of those efforts and this Court's pre-trial rulings, a shorter trial than the allocated 10 days may be possible.

IT IS SO STIPULATED.

[PROPOSED] ORDER

Pursuant to the parties' stipulation, the final pretrial conference is continued from May 29, 2013 to June 5, 2013. The trial is continued from June 10, 2013 to June 24, 2013 and will include trial days on both July 2 and July 3, 2013. The ADR cutoff of April 10, 2013 is hereby VACATED. The parties are directed to meet with a private mediator within twenty-one days of the Court's claim construction and summary judgment order.

IT IS SO ORDERED.