STIPULATION AND [PROPOSED] ORDER RE INITIAL CASE MANAGEMENT CONFERENCE

WILLIAM ALSUP, District Judge.

IT IS HEREBY STIPULATED by and between counsel for the parties that:

WHEREAS, lead counsel for plaintiff TRIA Beauty, Inc. has a previously-scheduled summary judgment hearing in another matter on the date set for the initial Case Management Conference (see Abelson Dec. ¶ 2);

WHEREAS, there have not been any previous time modifications for hearings or case management conferences in the case (see Abelson Dec. ¶ 3); and

WHEREAS, a one-week continuance will not impact the progress of the case (see Abelson Dec. ¶ 4);

NOW, THEREFORE, the parties, through their undersigned counsel, request the Court approve their stipulation as follows:

1. The initial Case Management Conference shall be continued from January 24, 2013 to January 31, 2013 or such date thereafter as is convenient for the Court; and

2. The Joint Case Management Statement shall be filed at least seven calendar days prior to the newly set date for the initial Case Management Conference.

PURSUANT TO STIPULATION, IT IS SO ORDERED. The initial Case Management Conference shallbe held on January 31, 2012, at 11:00 a.m.

DECLARATION OF MICHAEL BRUCE ABELSON

I, Michael Bruce Abelson, declare:

1. I am licensed to practice law in the State of California and am a partner with the firm of Abelson | Herron and lead counsel to TRIA Beauty, Inc. (TRIA), in this action. I have personal knowledge of the facts set forth below, and, if called as a witness, would testify to those facts.

2. On October 18, 2012 (prior to the filing of this action), a summary judgment hearing was set for January 24, 2013 at 9:00 a.m. in Department 37 of the California Superior Court for the County of Los Angeles before Hon. Joanne B. O'Donnell. The matter is encaptioned CalPortland Company v. Truck Insurance Exchange, et al., Case No. BC 455145. I am lead counsel for CalPortland in that matter and must be present to argue the summary judgment motion.

3. The initial Case Management Conference in this matter has not been previously continued, and there have been no other time modifications in this matter, other than an agreement to allow defendant Beazley Insurance Company, Inc. additional time to respond to the complaint while the parties address certain jurisdictional issues.

4. Continuing the initial Case Management Conference will not impact the schedule or progress of this matter. There are no other pending hearings or deadlines in this matter.

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.