JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING HEARING

JON S. TIGAR, District Judge.

Pursuant to Civil Local Rules 6-2 and 7-12, Defendant Eolas Technologies Incorporated ("Eolas") and Plaintiff Google Inc. ("Google"), by and through their respective attorneys, hereby submit the following Joint Stipulation, as follows:

WHEREAS, on December 1, 2015, Google served its complaint upon Eolas;

WHEREAS, on December 4, 2015, this Court set the Case Management Conference for February 23, 2016;

WHEREAS, on December 15, 2015, the parties filed a stipulation to extend the deadline for Eolas to answer or otherwise respond to Google's complaint to January 21, 2016;

WHEREAS, on January 5, 2016, this Court granted the parties' stipulation;

WHEREAS, on January 20, 2016, Google filed a first amended complaint;

WHEREAS, on January 25, 2016, this Court reset the Case Management Conference for February 24, 2016;

WHEREAS, on February 8, 2016, Eolas filed a motion to dismiss Google's complaint, scheduled for hearing by this Court on April 21, 2016;

WHEREAS, on February 8, 2016, Eolas filed an administrative motion for relief from the notice and order setting initial Case Management Conference, for continuance of the Case Management Conference, and to stay any discovery;

WHEREAS, on February 17, 2016, this Court granted in part and denied in part Eolas's administrative motion, resetting the Case Management Conference for April 21, 2016;

WHEREAS, on February 22, 2016, the parties jointly moved the Court to extend the time for Google to file its opposition to Eolas's Motion to Dismiss Google's Complaint to March 4, 2016, and for Eolas to file its reply to Google's opposition to March 14, 2016, and the Court granted the parties' motion;

WHEREAS, on March 7, 2016, the parties jointly moved the Court to extend the time for Eolas to file its reply to Google's opposition to Eolas's Motion to Dismiss Google's Complaint to March 17, 2016, and the Court granted the parties' motion;

WHEREAS, on April 11, 2016, the parties jointly moved the Court to move the initial Case Management Conference, currently set for April 21, 2016, to May 26, 2016, but inadvertently omitted an explicit request to move the hearing on Eolas' Motion to Dismiss. The Court denied the parties' motion without prejudice to refile to address the Motion to Dismiss hearing as well;

WHEREAS, on April 14, 2016, the parties jointly moved the Court to move the initial Case Management Conference and the hearing on Eolas's Motion to Dismiss to June 16, 2016, and the Court granted the parties' motion;

WHEREAS, on June 16, 2016, the Court granted Eolas's Motion to Dismiss with modifications and ordered the parties to notify the Court upon receiving a ruling from the Texas Court on Google's Motion to Transfer Venue to the Northern District of California in Eolas Technologies Incorporated v. Google Inc., Civil Action No. 6:15-cv-01039-RWS (E.D. Tex.) (the "Texas Case");

WHEREAS, on November 4, 2016, the parties jointly notified the Court that the Texas Court denied Google's Motion to Transfer Venue to the Northern District of California in the Texas Case;

WHEREAS, on November 7, 2016, the Court issued an order setting a Case Management Conference for January 18, 2017 on why the instant case should not be transferred to the Eastern District of Texas under the first-to-file rule.

WHEREAS, on December 7, 2016, Google filed a petition for a writ of mandamus challenging the denial of Google's Motion to Transfer Venue to the Northern District of California in the Texas Case;

WHEREAS, Google's mandamus petition, which is now fully briefed, remains pending;

WHEREAS, the parties have conferred and agreed to request that the hearing currently set for January 18, 2017 be extended to March 1, 2017;

WHEREAS, no other deadlines will be affected;

NOW THEREFORE, IT IS HEREBY STIPULATED AND THE PARTIES JOINTLY REQUEST that the hearing date be extended to March 1, 2017.

SIGNATURE ATTESTATION

I, Jennifer Van Dusen, am the ECF user whose userid and password authorized the filing of this document. Under Civil L.R. 5-1(i)(3), I attest that David A. Perlson has concurred in this filing.

[PROPOSED] ORDER

Defendant Eolas Technologies Incorporated and Plaintiff Google Inc. have stipulated to request an extension of the hearing scheduled for January 18, 2017 until March 1, 2017.

The requested extension is GRANTED. The hearing scheduled for January 18, 2017 has been rescheduled to March 1, 2017.

PURSUANT TO THE PARTIES' STIPULATION, IT IS SO ORDERED.