STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO FILE DEFENDANT CMI USA, INC.'S REPLY IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT OF (1) INVALIDITY OF U.S. PATENT NOS. 8,240,362 AND 8,245,764; AND (2) NON-INFRINGEMENT OF U.S. PATENT NO. 8,240,362

JON S. TIGAR, District Judge.

Pursuant to the Court's August 27, 2014 Scheduling Order (Dkt. No. 76), Defendant CMI USA filed a motion for summary judgment (Dkt. No. 86) on September 5, 2014. Plaintiff Asetek filed its opposition on September 19, 2014. Pursuant to Civil L.R. 7-3, CMI's opposition is due on September 26, 2014. Hearing on the motion is scheduled to take place on October 15, 2014.

Pursuant to Civil L.R. 6-2(a) and 7-12, the parties, through their respective counsel of record, hereby stipulate, with the Court's permission, to extend the time for CMI to file its reply brief by one court day, from Friday, September 26, 2014 to Monday, September 29, 2014. No change to the scheduled hearing date is requested or necessary in light of this requested extension, and the Court would still have more than two weeks to consider full briefing before the hearing on October 15, 2014.

By the signature below, counsel for Defendant CMI attests that counsel for Plaintiff Asetek concur in the filing of this document.

Filer's Attestation

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

[PROPOSED] ORDER

PURSUANT TO STIPULATION OF THE PARTIES, the Stipulation is GRANTED. CMI USA will have until September 29, 2014 to file its reply motion for summary judgment brief.

IT IS SO ORDERED.