STIPULATION TO MODIFY SCHEDULING AND PRETRIAL ORDER DEMAND FOR JURY TRIAL

WILLIAM H. ORRICK, District Judge.

This Stipulation is entered into by and among Plaintiffs Christopher E. Banas and Paul Castella, in their capacities as Shareholders' Representatives of the Former Shareholders of CardioSpectra, Inc., ("Plaintiffs") and Defendant Volcano Corporation ("Volcano") (collectively the "Parties"), by and through their respective counsel.

WHEREAS, on October 17, 2013, the Court issued its Final Order Regarding Dispute Over Plaintiffs' Second Request for Production, requiring Volcano to review and produce responsive, non-duplicative documents from specified sources within 45 days;

WHEREAS, pursuant to the Court's October 17 Order, Volcano anticipates that it will produce documents on a rolling basis and will make every reasonable and diligent effort to complete its production by the Court's November 29, 2013 deadline;

WHEREAS, pursuant to the Scheduling and Pretrial Order (Dkt. 43), the expert discovery cutoff is November 15, 2013, and thus precedes the Court's November 29 deadline for Volcano to produce additional documents;

WHEREAS, the Parties have agreed to continue the deadline for expert discovery until December 20, 2013, so that the Parties' experts have the opportunity to consider documents produced in accordance with this Court's October 17 Order;

WHEREAS, pursuant to the Scheduling and Pretrial Order (Dkt. 43), the parties must file any dispositive motions by December 3, 2013, oppositions are due on January 7, 2013, replies are due on January 21, 2013, and the hearing on any such dispositive motions is set for February 12, 2013;

WHEREAS, the Parties have agreed that principles of efficiency and completeness justify a continuance of the deadline for filing dispositive motions and the related briefing and hearing schedule, so that the Parties can complete expert discovery before submitting dispositive motions;

WHEREAS, the Parties agree to continue the deadlines related to dispositive motions as follows: dispositive motions must be filed by January 21, 2013, oppositions are due on February 11, 2013, replies are due on February 25, 2013, and the hearing for any such dispositive motions is reset to March 19, 2013; and

WHEREAS, the Court has scheduled a further Case Management Conference for February 12, 2013, which is the same date for the currently scheduled hearing on dispositive Motions, and the Parties agree that the February 12, 2013 CMC should be continued to March 19, along with the hearing date for the Dispositive Motions;

NOW, THEREFORE, for good cause as shown, the Parties hereby stipulate and agree that the Scheduling and Pretrial Order (Dkt. 43) is modified as follows:

• Hearing on March 19, 2014

IT IS SO STIPULATED.

ATTESTATION PURSUANT TO CIVIL LOCAL RULE 5-1(i)(3)

Pursuant to Civil Local Rule 5-1(i)(3) regarding signatures, I attest under penalty of perjury that the concurrence in the filing of this document has been obtained from its signatory.

PURSUANT TO STIPULATION, IT IS SO ORDERED.