STIPULATION AND [PROPOSED] ORDER CONCERNING MODIFICATION OF SCHEDULING ORDER

RICHARD SEEBORG, District Judge.

Pursuant to Civil Local Rule 6-2, 7-1(a)(5), and 7-12, Defendant ECI Pharmaceuticals LLC ("ECI") and Plaintiff Bausch Health US, LLC ("Bausch") (jointly, the "Parties"), by and through their respective counsel, hereby stipulate as follows:

WHEREAS the following time modifications have been previously made in this case:

A thirty (30) day extension of time, until January 19, 2018, for Defendant to file a Rule 12 motion, answer, or otherwise respond to the complaint in Plaintiff's originally-filed action against Defendant and other parties (Dkt. 21; Chun Declaration in Support of Stipulation and Proposed Order ("Chun Decl."), ¶ 5);

A further extension of Defendant's deadline to file a responsive pleading until twenty-one (21) days after Plaintiff filed its amended complaint in this severed action, which was so Ordered by the Court on January 16, 2018 (Dkt. 34; Chun Decl. ¶ 6);

A further extension of time permitting Plaintiff an extension of time to file its Opposition to Defendant's Rule 12 Motion filing and Defendant an extension of time to file its Reply to March 27, 2018 and April 24, 2018, respectively (Dkt. 40; Chun Decl. ¶ 9);

A stay of the case from May 4, 2018 to July 31, 2018 pursuant to 28 U.S.C. § 1659(a) pending the determination or termination of ITC Investigation No. 337-TA-1109, captioned "In the Matter of Certain Clidinium Bromide and Products Containing Same" (Dkts. 70, 72; Chun Decl. ¶ 11);

A modification of the schedule setting the deadline for the Defendant to file its Reply in Support of its Motion to Dismiss for October 12, 2018 and setting a Joint Hearing on the Motion to Dismiss for October 25, 2018 (Dkt. 79; Chun Decl. ¶ 12);

A modification of the schedule setting the deadline for Plaintiff to answer Defendant's counterclaims and further modify the scheduling order (Dkt. 102) with respect to fact and expert discovery deadlines (Dkt. 136);

WHEREAS the Parties submitted to this Court under seal on January 9, 2020 a Joint Letter Brief Regarding Certain Discovery Disputes ("Joint Letter");

WHEREAS the discovery disputes raised in the Parties' Joint Letter were referred to Magistrate Judge Kandis A. Westmore on January 15, 2020 and remain pending;

WHEREAS Defendant has indicated it intends to amend its pleadings on or before February 7, 2020, pursuant to the Court's Further Case Management Scheduling Order (Dkt. 150);

WHEREAS the Parties are engaged in active settlement discussions;

WHEREAS the Parties further agree to modify the current scheduling order (Dkt. 102, as modified by Order Dkt. 136) as follows:

WHEREAS the Parties believe that good cause exists for these extensions so that the parties can meet their discovery obligations, prepare for depositions, and continue settlement efforts, while leaving the existing trial date and remaining deadlines unaffected;

WHEREAS the Parties do not believe that these proposed time modifications would have any detrimental effect on the schedule for the case, or would cause prejudice to any party;

NOW THERFORE, in order to effectuate the Parties' intent as set forth herein, the Parties, by and through their respective counsel, stipulate to and respectfully request that the Court enter an Order to extend the discovery deadlines as shown above.

[PROPOSED] ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.