STIPULATED JOINT REQUEST TO CONTINUE FURTHER CASE MANAGEMENT CONFERENCE; AND [proposed] ORDER

EDWARD M. CHEN, District Judge.

Pursuant to Local Rules 6-1, 6-2, and 7-12, Plaintiffs Tasion Communications Inc., International Power Systems, LLC, and Fundamental Holdings, Corp. (collectively, "Plaintiffs") and Defendants Ubiquiti Networks, Inc. ("Ubiquiti") and Streakwave Wireless, Inc. ("Streakwave") ("collectively, the "Parties"), by and through their undersigned counsel, submit this Stipulated Joint Request to Continue Further Case Management Conference.

WHEREAS, on December 11, 2013, the Requesting Parties appeared before this Court for a Further Case Management Conference (Dkt. No. 47);

WHEREAS, this Court continued the Further Case Management Conference from January 23, 2014, to May 22, 2014 (Dkt. Nos. 47, 51; 53; 62; 84);

WHEREAS, Streakwave and Ubiquiti respectively filed Motions to Dismiss pursuant to Fed. R. Civ. P. 12 to certain causes of action in Plaintiffs' Second Amended Complaint on April 30, 2014 and May 1, 2014 respectively, with the Opposition Briefs to be filed by May 14, 2014, Reply Briefs to be filed by May 27, 2014, and the hearing scheduled for June 12, 2014 (Dkt. Nos. 86; 87);

WHEREAS, on August 21, 2013, and January 24, 2014, pursuant to a stipulation entered into by the Parties, this Court continued the Case Management Conference from August 29, 2013, to September 26, 2013, and from January 23, 2014, to March 27, 2014, because the Court's ruling on Ubiquiti's motions to dismiss plaintiffs' complaint for failure to state a claim (Dkt. Nos. 10; 57) had not been issued, and since "[t]he contours and course of this case may be influenced by the ruling on the Motion to Dismiss. Accordingly, a continuance of the CMC will permit the parties and the Court to focus preparation for that conference on the case as it exists after the ruling on the Motion to Dismiss." (Order to Continue CMC Pending First Motion to Dismiss, Dkt. No. 26, p. 1:26-28; Order to Continue CMC Pending Second Motion to Dismiss, Dkt. No. 62, p. 2:4-7);

WHEREAS, the Parties have conferred and agree that this case is in the same posture as it was in August 2013 and January 2014, in that rulings on Defendant's Pending Motions to Dismiss will affect and impact the course of this case and a continuance of the Further Case Management Conference would allow the Parties and the Court to prepare for the conference on the case as it exists after the rulings on Defendants' Motions to Dismiss;

WHEREAS, the Parties believe that good cause exists to continue the Further Case Management Conference to 10:30 a.m. on July 31, 2014, the first Thursday after forty-five (45) days from the date of the hearing on Defendants' Motions to Dismiss Plaintiffs' Second Amended Complaint, or to such other date convenient for the Court, to allow the Court to issue its ruling on the Motions to Dismiss;

WHEREAS, Local Rule 6-1 permits the parties to stipulate in writing without a court order, "to enlarge or shorten the time in matters not required to be filed or lodged with the Court. . . provided the change will not alter the date of any event or any deadline already fixed by Court order." Local Rule 6-1;

WHEREAS, the Parties are not aware of any date fixed by Court order that will be altered by the Parties' stipulated request, absent the Court's execution of this [proposed] Order (which would modify the date of the Further Case Management Conference);

WHEREAS, the requested extension will not otherwise alter the schedule of this case; and

WHEREAS, good cause exists to grant the Parties' Stipulated Joint Request.

NOW THEREFORE, THE PARTIES JOINTLY REQUEST AN ORDER STATING:

1. The Further Case Management Conference shall be set for 10:30 a.m. on July 31, 2014, the first Thursday after forty-five (45) days from the date of the hearing on Defendants' motions to dismiss Plaintiffs' Second Amended Complaint, or to such other date convenient to the Court.

IT IS SO STIPULATED.

[proposed] ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED