STIPULATED REQUEST TO RESCHEDULE INITIAL CASE MANAGEMENT CONFERENCE FROM APRIL 26, 2013 TO MAY 17, 2013 AND MODIFY BRIEFING SCHEDULE REGARDING MOTION TO DISMISS AND [PROPOSED] ORDER

SUSAN ILLSTON, District Judge.

WHEREAS, Plaintiff Meraki, Inc. ("Meraki") initiated this action for declaratory judgment of noninfringement and invalidity of three United States patents owned by Defendant ClearPath Networks, Inc. ("ClearPath") on January 10, 2013;

WHEREAS, ClearPath initiated an action alleging infringement against Meraki and its parent company Cisco Systems, Inc. on the same three United States patents on January 14, 2013, in the United States District Court for the Central District of California ("Central District Action");

WHEREAS, the parties have previously submitted three stipulations to extend time for ClearPath to respond to the Complaint (Dkt. Nos. 13, 15, and 16) pending settlement discussions;

WHEREAS, on April 1, 2013, ClearPath filed a Motion to Dismiss Based on the Anticipatory Lawsuit Exception to the First-to-file Rule (Dkt. No. 19);

WHEREAS, ClearPath's motion to dismiss is currently scheduled for a hearing on May 17, 2013, at 9:00 a.m.;

WHEREAS, the parties continue to engage in settlement discussions and have agreed to mediate within 90 days of the date in which an ADR order is issued in this case;

WHEREAS, to avoid duplicative motion practice, the parties have also agreed to extend all deadlines in the Central District Action pending resolution of ClearPath's motion to dismiss in this action;

WHEREAS, the parties have agreed to modify the briefing schedule for the motion to dismiss such that Meraki's opposition will be due April 24, 2013, and ClearPath's reply will be due May 6, 2013;

WHEREAS, pursuant to the Clerk's Notice of January 28, 2013 (Dkt. No. 11), the parties to this action are scheduled to appear before the Court for a Case Management Conference on April 26, 2013, at 2:30 p.m.;

WHEREAS, the parties believe there is good cause, in terms of efficiency and additional time to pursue settlement, to reschedule the Case Management Conference before this Court to the same date and, to the extent the Court is amenable, the same time as the hearing on ClearPath's motion to dismiss on May 17, 2013;

IT IS HEREBY STIPULATED AND AGREED, pursuant to Civil Local Rule 6-1, by Plaintiff Meraki and Defendant ClearPath, through their respective counsel, that the briefing schedule for ClearPath's motion to dismiss is modified such that Meraki's opposition is now due April 24, 2013, and ClearPath's reply is now due May 6, 2013. The parties further stipulate and agree that the Case Management Conference currently scheduled before this Court for April 26,

2:30 p.m. 2013, at 2:30 p.m., shall be rescheduled to May 17, 2013, at 9:00 a.m., or such other time as may be convenient for the Court.

ORDER

Pursuant to stipulation, IT IS SO ORDERED.