STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE FOR MOTION OF DEFENDANT NETSEER TO DISMISS SECOND AMENDED COMPLAINT (12(b)(6)) OR, IN THE ALTERNATIVE, MOTION TO STRIKE (RULE 12(f))

EDWARD M. CHEN, District Judge.

Plaintiff Media.net Advertising FZ-LLC and Defendant NetSeer, Inc. (the "Parties") through their respective counsel, hereby stipulate and agree as follows:

WHEREAS, the hearing on NetSeer's motion to dismiss second amended complaint (Rule 12(b)(6)) or, in the alternative, motion to strike (Rule 12(f)) (Dkt. 84) is presently scheduled for June 30, 2016;

WHEREAS, counsel for Media.net will be out of the country from June 16, 2016 through June 30, 2016. (Declaration of Leeor Neta, dated May 24, 2016 ("Neta Decl."), ¶ 2);

WHEREAS, counsel for NetSeer is agreeable to a one-week continuance of the June 30, 2016 hearing (Neta Decl., ¶ 3);

WHEREAS, there have been no previous time modifications with respect to the motion to dismiss second amended complaint hearing (Neta Decl., ¶ 4);

WHEREAS, the requested time modification will have no effect on the schedule for the case (Neta Decl., ¶ 5);

WHEREAS, there is good cause for the requested continuance, no prejudice will result therefrom, and the parties seeking a continuance have acted diligently (Neta Decl., ¶ 6).

NOW THEREFORE, the parties stipulate and request an order as follows:

1. The hearing on NetSeer's motion to dismiss second amended complaint (Dkt. 84) should be continued to July 7, 2016 (or ______________ [the earliest date thereafter]) at __________________; 10:00 a.m. and

2. The briefing schedule on NetSeer's motion to dismiss second amended complaint (Dkt. 84) will remain unaffected.

PURSUANT TO STIPULATION, IT IS SO ORDERED.