STIPULATION AND ORDER FOR EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT

(Fifth Request)

GEORGE FOLEY, JR., Magistrate Judge.

Pursuant to Federal Rule of Civil Procedure 6(b)(1) and Local Rule 1A 6-1, Plaintiffs Tissue Regeneration Technologies, LLC and General Patent, LLC, (collectively, "Plaintiffs") and Defendants Male Performance Medical Partnership, LLC, Medical Partnership, LLC, Leonard Messina, and Las Vegas Male Performance Clinic (collectively, the "Messina Defendants" or "Defendants"), by and through their respective counsel of record, Weide & Miller, Ltd., on behalf of Plaintiffs, and the Law Offices of Philip A. Kantor, P.C., newly retained and appearing on behalf of the Messina Defendants, hereby agree and stipulate for an extension of time for the Messina Defendants to file and serve their answer or other responses to the Complaint from the current deadline of March 29, 2019, up to and including April 26, 2019. This is the fifth request by the parties for such an extension.

Good cause for this request exists to provide the parties with time to continue in good faith settlement discussions. On December 19, 2018, former counsel for the Messina Defendants notified the Court that they had been terminated and moved to withdraw as counsel. See ECF No. 17 (Howard & Howard Attorneys PLLC and Jonathan W. Fountain's Motion to Withdraw as Counsel).

On or about January 3, 2019, the undersigned counsel for the Messina Defendants agreed to be retained on the representations of the undersigned counsel for Plaintiffs that Plaintiffs would agree to the prior order to permit the newly retained counsel for the Messina Defendants time to assess the case before having to respond to the Complaint. Subsequent to that extension, the undersigned counsel for the Messina Defendants commenced discussions with Plaintiffs' counsel to explore the potential to resolve the matter.

On March 7, 2019, the Court granted the parties request to extend the deadline for Defendants to respond to permit Plaintiffs' counsel to engage in discussions with subject matter experts on issues related to the patents prior to requiring Defendants to answer or respond. See ECF No. 27. The purpose of that extension was to provide a window for the parties to continue settlement discussions. Id.

Such discussions by Plaintiffs with subject matter experts have not concluded, and the parties anticipate that further discussions will be required thereafter to respond to the technical issues that are central to resolution of the dispute. To that end the parties have agreed to extend the time for Defendants to answer or otherwise respond to the complaint to permit Plaintiffs to complete their consultations with such subject matter experts in response to issues raised by Defendants and to permit the parties thereafter to explore whether a resolution of the dispute can be achieved.

For the foregoing reasons, the parties hereby stipulate to extend the deadline for the Messina Defendants to answer or otherwise respond to the Complaint from March 29, 2019, to April 26, 2019. Service of this Stipulation is also being made on the Messina Defendants' counsel of record, Howard & Howard, PLLC.

IT IS SO AGREED AND STIPULATED.

IT IS SO ORDERED.