STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

[CIVIL LOCAL RULE 6-2]

HAYWOOD S. GILLIAM, Jr., District Judge.

Pursuant to Civil Local Rule 6-2, Plaintiff, Synchronoss Technologies, Inc. ("Synchronoss" or "Plaintiff"), and Defendants Funambol, Inc. ("Funambol") and Egnyte, Inc. ("Egnyte") (collectively, the "Parties"), by and through their respective counsel and subject to the Court's approval, have met and conferred and respectfully request that the Court enter the following stipulation to continue the date of the Case Management Conference.

I. FACTUAL BACKGROUND

In support of this stipulation, the undersigned Parties provide the following facts:

A. On April 20, 2016, this matter ("Funambol") was transferred to this District from the United States District Court of New Jersey and reassigned to United States District Court Magistrate Judge Nathanael M. Cousins. (ECF 41).

B. On May 16, 2016, Funambol filed, pursuant to Civil Local Rule 3-12, an administrative motion to consider whether this case should be related to two cases currently pending before Judge Gilliam: (1) Synchronoss Techs., Inc. v. Dropbox, Inc., Case No. 16-cv-00119-HSG; and (2) Synchronoss Techs., Inc. v. Egnyte, Inc., Case No. 16-cv-00120-HSG ("Egnyte"). See Synchronoss Techs., Inc. v. Dropbox, Inc., Case No. 16-cv-00119-HSG. (ECF 104). On May 25, 2016, this Court granted Funambol's administrative motion and issued an order relating this matter to the Egnyte and Dropbox matters. (ECF 106).

C. On January 19, 2017, the Court issued an Order Setting Case Management Conference and ADR Deadlines, setting the Case Management Conference for February 14, 2017 at 2:00 p.m., and setting related deadlines based on that date for both the Funambol and Egnyte actions. (Case No. 3:16-cv-02026-HSG at ECF 76; Case No. 16-cv-00120-HSG at ECF 64).

D. Lead counsel for Funambol is not available on February 14, 2017 at 2:00 p.m. to attend the Case Management Conference due to a scheduling conflict.

E. Based on these facts, there is good cause to grant the requested extension because the Parties believe a continuance is necessary in order to give them adequate time to meet and confer on the relevant issues. Further, the Parties believe a continuance would be in the interest of judicial economy, conserve the Court's and the Parties' resources, and allow for a more efficient and productive discussion with the Court.

F. On January 23, 2017, in an email exchange, counsel for Synchronoss and Funambol met and conferred and agreed to request a continuance of the Case Management Conference to February 28, 2017 or a later date, subject to the convenience of the court.

G. On January 23, 2017, in an email exchange, counsel for Funambol also met and conferred with counsel for Egnyte to obtain their concurrence to continue the Case Management Conference in the related case Synchronoss Techs., Inc. v. Egnyte, Inc., Case No. 16-cv-00120-HSG. Counsel for Egnyte concurs in the Parties' request to continue the Case Management Conferences in both the Funambol and Egnyte actions to February 28, 2017 or a later date, subject to the convenience of the court.

H. The Parties agree that this stipulation does not modify any other deadlines in the case schedule.

I. Synchronoss and Funambol previously requested two two-week extensions in the Funambol action with respect to the Case Management Conference: 1) pending the Court's decision on the administrative motion to relate the case to Dropbox and Egnyte, and 2) pending the Court's decision on Dropbox's Motion to Dismiss in the related matter Synchronoss v. Dropbox, Case No. 16-cv-00119-HSG. (ECF 52, 57). See Civil L.R. 6-2(a)(2).

J. Synchronoss and Egnyte have not yet requested any extensions of time in the Egnyte action.

II. STIPULATION

In light of the above facts, the Parties, by and through their respective counsel, jointly request that the Court enter the following stipulation as an Order of the Court:

A. The Case Management Conferences in both Synchronoss Techs., Inc. v. Funambol, Inc., Case No. 16-cv-02026-HSG, and Synchronoss Techs., Inc. v. Egnyte, Inc., Case No. 16-cv-00120-HSG shall be continued to February 28, 2017 at 2:00 p.m. or a later date subject to the convenience of the Court.

IT IS SO STIPULATED.

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.

FILER'S ATTESTATION

Pursuant to Civil L.R. 5-1(i)(3), regarding signatures, I, Catherine Y. Kim, attest that concurrence in the filing of this document has been obtained.