JOINT STATUS REPORT

JOHN A. MENDEZ, District Judge.

Plaintiffs, Remark Enterprises LLC ("Remark"), US Cryotherapy Direct Sales LLC ("Direct Sales" collectively with Remark, "Plaintiffs"), and Defendants, Mecotec GMBH, and Mecotec Sales GMBH (collectively, MecoTec") (collectively the "Parties"), by and through their attorneys of record, hereby stipulate as follows:

RECITALS

A. On January 27, 2016, MecoTec instituted arbitration proceedings in the International Chamber of Commerce against Plaintiffs (the "ICC Arbitration").

B. On April 13, 2016, Plaintiffs filed their Complaint against Defendants in the United States District Court, Eastern District of California, thereby commencing this Action.

C. On September 15, 2016, MecoTec filed its motion to compel Plaintiffs to arbitrate their disputes as part of the ICC Arbitration.

D. In opposition to MecoTec's motion to compel Plaintiffs to arbitrate their claims, Plaintiffs raised the argument that the underlying agreement which contained the arbitration clause at-issue (the "Exclusive Distribution Agreement") was a draft document and not an operative contract.

E. On November 23, 2016, the Court entered its Order Re Trial of Issues on Validity of Distribution Agreement (Document No. 30) Scheduling for October 16, 2017, a trial on the issue of whether the Exclusive Distribution Agreement was a draft agreement and binding on Remark. Pretrial conference was scheduled for September 1, 2017, with a joint pre-trial conference statement due on August 25, 2017. This order did not affect Direct Sales as the Court found that Direct Sales was not subject to the arbitration provisions of the Exclusive Distribution Agreement.

F. On June 8, 2017, the Final Award was issued in the ICC Arbitration.

G. Following issuance of the ICC Arbitration Final Award, Remark has moved to enter its judgment in Germany.

H. Remark contends that MecoTec has a payment obligation to Remark related to the ICC judgment in Germany.

I. The Parties are continuing to discuss the concept of a global settlement.

STIPULATION

1. The Parties request that the Court set a status conference to occur in approximately 60 days, on a date that is convenient for the Court, to address the remaining claims of Direct Sales if the Parties' settlement negotiations are unsuccessful.

IT IS SO STIPULATED:

ORDER

The Court, having considered the Joint Stipulation, hereby orders as follows:

1. A joint status report shall be filed on or before January 19, 2018 to address the status of Direct Sales' claims in this Action in the event that a global settlement is not reached by such date. The Court will consider at the time of the filing of the joint status report whether a status conference will be set.

IT IS SO ORDERED.