STIPULATION AND ORDER REGARDING EXTENSION OF TIME TO CONDUCT DEPOSITIONS

HAYWOOD S. GILLIAM, Jr., District Judge.

Pursuant to L.R. 6-2, IT IS HEREBY STIPULATED, by and between Plaintiff Slot Speaker Technologies, Inc. ("SST") and Defendant Apple Inc. ("Apple") (collectively, the "Parties"), by and through their counsel of record, as follows:

WHEREAS, on November 30, 2016, the Court entered a Scheduling Order setting May 1, 2017 as the close of fact discovery (Dkt. 219, "Scheduling Order");

WHEREAS, the Parties have not requested any modifications to the Scheduling Order prior to this date;

WHEREAS, the Parties have made a good faith effort to complete fact discovery by May 1, 2017 but, due to scheduling difficulties and other issues, have been unable to complete certain party and non-party depositions within the fact discovery period;

WHEREAS, the Parties (and third parties) have been able to agree upon certain deposition dates following May 1, 2017, and are working to secure the remaining dates;

WHEREAS, in light of the foregoing, the Parties, by and through their designated counsel, hereby submit this joint stipulated motion for leave to take the depositions identified below after the close of fact discovery;

WHEREAS, the Parties acknowledge that an Order granting the Parties' request to take certain depositions out of time will have no bearing on SST's, Apple's, or any third party's right to object to a deposition, except to the extent the objection is to the deposition having been taken after the close of discovery (as to this last objection, it is mutually waived by both SST and Apple);

WHEREAS, permitting these depositions after the close of fact discovery would not require adjustment of any other deadlines in this case;

WHEREAS, the Parties respectfully submit that there is good cause to modify the existing case schedule regarding the deadline for the close of fact discovery as proposed, as it will allow the Parties to complete the requested fact depositions (all of which were sought prior to the current close of fact discovery) prior to the deadline for initial expert reports;

NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the Parties that the depositions of Michael Morishita, Scott Porter, Craig Buckley, Apple's Rule 30(b)(6) designee concerning Topic 12 of SST's First Notice of Deposition of Apple, and SST's Rule 30(b)(6) designee concerning Apple's Second Notice of Deposition of SST in accordance with Magistrate Judge Ryu's March 23, 2017 ruling will take place on the dates listed above or a mutually agreeable date after the close of fact discovery.

The Parties also respectfully request that the Court issue an order granting the relief requested.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

ATTESTATION OF E-FILED SIGNATURES

I, Christine C. Capuyan, am the ECF user whose ID and password are being used to file this Stipulation and [Proposed] Order Regarding Extension of Time to Conduct Depositions. In compliance with Civil Local Rule 5-1(i)(3), I hereby attest that concurrence in this filing has been obtained from Nina S. Tallon and Eric L. Wesenberg.