STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

EDWARD M. CHEN, District Judge.

Pursuant to Civil Local Rules 6-1, 6-2, and 7-12, this Stipulation and [Proposed] Order is entered into by and between Plaintiff CopyTele, Inc. ("CopyTele") and Defendants E Ink Holdings, Inc., a Taiwanese corporation, E Ink Corporation, a Delaware corporation (collectively "E Ink"), and AU Optronics Corporation ("AUO"), a Taiwanese corporation.

WHEREAS, CopyTele filed its complaint in this action on January 28, 2013;

WHEREAS, on April 29, 2013, AUO filed a motion to compel arbitration and to stay the litigation, and E Ink filed motions to dismiss all claims against it and in the alternative to stay the claims against it pending arbitration between CopyTele and AUO;

WHEREAS, on July 9, 2013, in light of CopyTele's agreement to arbitrate its claims against AUO, this Court stayed the claims against all defendants pending the resolution of the arbitration (Dkt. No. 91);

WHEREAS, the parties engaged in Settlement Conference proceedings before Magistrate Judge Jacqueline Scott Corley in August and September but were not successful in resolving the case (Dkt. Nos. 93 & 94);

WHEREAS, CopyTele filed its Demand for Arbitration before the American Arbitration Association on September 17, 2013, and AUO filed its Answer in the arbitration on October 28, 2013;

WHEREAS, a Preliminary Hearing in the arbitration was held on February 4, 2014, and an initial Procedural Order was issue on February 6, 2014;

WHEREAS, discovery has commenced in the arbitration, the arbitration panel has ruled on the parties' discovery objections, and the parties are to produce documents pursuant to the arbitrators' orders by May 23, 2014;

WHEREAS, the final arbitration hearing is scheduled for November 10-21, 2014 in San Francisco, California.

WHEREAS, in light of the status of the arbitration and the ongoing status of discovery, the parties respectfully request that the Court continue the Case Management Conference to a date after the final arbitration hearing;

IT IS HEREBY STIPULATED AND AGREED that:

ATTESTATION

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

[PROPOSED] ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED. For good cause shown:

IT IS SO ORDERED.