STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND TO AMENDED COMPLAINT AND RESPOND TO PLAINTIFF'S SECOND MOTION TO STRIKE AND DISMISS

RICHARD G. SEEBORG, District Judge.

Pursuant to Civil Local Rules 6-1(b) and 7-12, Plaintiff Karl Storz Endoscopy-America, Inc. ("KSEA") and Defendants Stryker Corporation and Stryker Communications, Inc. (collectively, "Stryker"), by and through their respective undersigned counsel, hereby stipulate to and jointly request an extension of time until July 18, 2014, for Stryker to answer the Amended Complaint and an extension of time until July 25, 2014, for Stryker to respond to Plaintiff's Second Motion to Strike and Dismiss with Prejudice Affirmative Defenses and Counterclaims, as follows:

1. On April 25, 2014, Stryker filed its Answer and Counterclaims (Dkt. No. 40) after a stipulated one-month extension of time (Dkt. No. 24). On May 16, 2014, KSEA filed a Motion to Strike and Dismiss with Prejudice certain of Stryker's Affirmative Defenses and Counterclaims. (Dkt. Nos. 45, 46.)

2. On May 23, 2014, the Parties filed a Stipulation and Proposed Order to extend Stryker's time to respond to KSEA's Motion to Strike and Dismiss by one week and to extend KSEA's time to file a reply in support of its Motion to Strike and Dismiss by one week. (Dkt. No. 51.) The Court entered the Stipulation and Order on May 28, 2014. (Dkt. No. 52.)

3. On June 6, 2014, Stryker filed its First Amended Answer and Counterclaims. (Dkt. No. 55.) On June 17, 2014, the Parties filed a Stipulation and Proposed Order to extend KSEA's time to respond to Stryker's Amended Counterclaims by one week. (Dkt. No. 65.) The Court entered the Stipulation and Order on June 17, 2014. (Dkt. No. 66.)

4. On June 27, 2014, KSEA filed both an Amended Complaint (Dkt. No. 67) and a Second Motion to Strike and Dismiss with Prejudice Affirmative Defenses and Counterclaims (Dkt. No. 68). In its Amended Complaint, KSEA has asserted new claims for infringement under a fifth patent, namely U.S. Patent No. 8,439,821. (Dkt. No. 67 at ¶¶ 40-45.)

5. Pursuant to Federal Rule of Civil Procedure 15(a)(1)(3), Stryker would have 14 days, or until July 11, 2014, to respond to KSEA's Amended Complaint. Pursuant to Civil Local Rule 7-3(a), Stryker would also have 14 days, or until July 11, 2014, to respond to KSEA's Second Motion to Strike and Dismiss.

6. In order to give Stryker a full and fair opportunity to respond to the new allegations raised in KSEA's Amended Complaint and to respond to the arguments raised in KSEA's Second Motion to Strike and Dismiss, the Parties have stipulated to give Stryker a one-week extension of time to respond to the Amended Complaint and a two-week extension of time to respond to the Second Motion to Strike and Dismiss. Specifically, the Parties have stipulated to give Stryker until July 18, 2014, to answer or otherwise respond to the Amended Complaint and until July 25, 2014, to respond to the Second Motion to Strike and Dismiss.

7. Neither extension will change or alter any other deadlines currently set by the Court.1

8. Pursuant to Civil Local Rule 6-2(a), this stipulation is accompanied by the Declaration of Robert A. Surrette setting forth (1) the reasons for the requested enlargement of time; (2) all previous time modifications in this case; and (3) the effect of the requested enlargement of time.

[PROPOSED] ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED: