JOINT STIPULATION AND REQUEST TO RESCHEDULE PRETRIAL CONFERENCE AND [PROPOSED] ORDER ON JOINT STIPULATION AND REQUEST TO RESCHEDULE PRETRIAL CONFERENCE

SAMUEL CONTI, District Judge.

This stipulation and request is made and entered into by and among plaintiffs Macy's, Inc. and Macys.com, Inc. (collectively, "Plaintiffs" or "Macy's") and defendant Strategic Marks, LLC ("Defendant").

WHEREAS, pursuant to this Court's Order dated July 1, 2013, the pretrial conference was scheduled to take place on December 20, 2013 at 10 a.m. (ECF No. 112);

WHEREAS, on December 10, 2013 the parties received notice from the Court advancing the pretrial conference to December 17, 2013 at 10 a.m. (ECF No.113);

WHEREAS, the date of the rescheduled pretrial conference presents insurmountable difficulties to Macy's, in that its lead trial counsel is not available to attend the pretrial conference on December 17, 2013;

WHEREAS, counsel for all parties are available to attend a pretrial conference on December 16, 2013;

WHEREAS, Macy's has filed seven motions in limine, and pursuant to the Court's Jury Trial Preparation Order (ECF No. 100) oppositions to motions in limine are due to be filed and served no later than five days prior to the pretrial conference (originally on December 16, 2013 in accordance with a December 20, 2013 pretrial conference date);

WHEREAS, the parties agree that there is good cause to reschedule the pretrial conference date to December 16, 2013, so long as the date for filing and serving oppositions to motions in limine is extended to account for drafting time lost due to the advancement of the pretrial conference;

WHEREAS, the parties jointly request the Court to reschedule the pretrial conference to December 16, 2013 and extend the date for filing and serving oppositions to motions in limine to December 20, 2013;

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and among all parties, and the Court's approval as to the following is hereby requested:

Concurrence in the filing of this document has been obtained by Benjamin Ashurov from each of the other Signatories, which shall serve in lieu of their signatures on the e-filed document.

[PROPOSED] ORDER ON JOINT STIPULATION TO RESCHEDULE PRETRIAL CONFERENCE

Having duly considered the Joint Stipulation to Reschedule Pretrial Conference filed by the parties to this action on December 11, 2013, and good cause showing:

IT IS HEREBY ORDERED THAT for all the reasons set forth in the foregoing Joint Stipulation and Request to Reschedule Pretrial Conference, the Clerk's December 10, 2013 Notice Advancing Pretrial Conference (ECF No. 113) be AMENDED as follows:

IT IS SO ORDERED.