STIPULATION AND ORDER TO WAIVE SERVICE OF SUMMONS AND TO CONTINUE RESPONSIVE PLEADING DATE; DECLARATION OF GREGORY S. CAVALLO

HAYWOOD S. GILLIAM, Jr., District Judge.

WHEREAS, pursuant to March 31, 2015 Stipulation, defendant Buchla Electronic Musical Instrument, LLC's responsive pleading in this matter is currently due April 10, 2015; defendant Michael Marans' responsive pleading is due April 13, 2015;

WHEREAS, all named defendants, Buchla Electronic Musical Instrument, LLC; Audio Supermarket Pty. Ltd.; Danny Olesh; Lewis Chiodo; John Fuller; and Michael Marans have retained counsel Shopoff Cavallo & Kirsch, LLP to represent them in this matter; and

WHEREAS, newly retained counsel require additional time to familiarize themselves with the facts and issues involved in this matter so as to prepare a responsive pleading;

WHEREAS, the parties wish to avoid disputes regarding international service of summons, as all unserved defendants are residents of Australia;

WHEREAS, the parties wish to bring all responsive pleadings by defendants onto the same schedule to avoid duplicative or unnecessary motion practice,

IT IS HEREBY STIPULATED that all defendants waive service of summons and agree to appear in the action without such service. In exchange, the current responsive pleading date for all defendants shall be continued until April 30, 2015.

DECLARATION OF GREGORY S. CAVALLO

I, Gregory S. Cavallo, declare:

1. I am an attorney duly admitted to practice before this Court. I am a partner at Shopoff Cavallo & Kirsch LLP, attorneys of record for Defendants Buchla Electronic Musical Instrument, LLC; Audio Supermarket Pty. Ltd.; Danny Olesh; Michael Marans; Lewis Chiodo; and John Fuller. If called as a witness, I could and would competently testify to all facts within my personal knowledge.

2. On April 9, 2015, counsel for plaintiff, David Eberhart, concurred in the filing of this Stipulation.

Executed under penalty of perjury under the laws of the United States on April 9, 2015, at San Francisco, California.

ORDER

IT IS HEREBY ORDERED:

1. Pursuant to the above stipulation, all defendants are hereby deemed served;

2. Defendants' responsive pleading date is hereby continued to April 30, 2015.