PARTIES' STIPULATION TO EXTEND TIME FOR PLAINTIFFS-COUNTERDEFENDANTS TO REPLY TO MOTION TO DISMISS PLAINTIFF'S PATENT INFRINGEMENT CLAIMS AND RELATED COUNTERCLAIMS PURSUANT TO FED.R. CIV. 41(a)(2) AND 12(b)(1) AND [PROPOSED ORDER].

JON S. TIGAR, District Judge.

TO THE HONORABLE JON S. TIGAR AND THE CLERK OF THE COURT:

Pursuant to Rules 6-1(b) and 6-2(a) of the Civil Local Rules (L.R.), Plaintiffs and Counterclaim Defendants LAGREE TECHNOLOGIES, INC., LAGREE FITNESS, INC., MAXIMUM FITNESS INCORPORATED and SEBASTIEN LAGREE ("Plaintiffs"), and Counterclaim Plaintiffs SPARTACUS 20TH L.P., SPARTACUS 20TH G.P., INC., PHILIP P. PALUMBO, JAKOB IRION, BODYROK FRANCHISE, L.P., BODYROK FRANCHISE G.P., INC., EXERCISE TECHNOLOGIES, L.P., BODYROK MARINA, L.P., SCULPT FITNESS BERKELEY, LLC, and SPARTACUS LOMBARD, L.P. ("Defendants") (hereinafter collectively the "Parties"), stipulate as follows:

WHEREAS, Plaintiffs' deadline to respond to Plaintiffs' Motion to Dismiss Plaintiffs' Patent Infringement Claims and Related Counterclaims Pursuant to Fed.R.Civ.P. 41(a)(2) and 12(b)(1) ("Motion to Dismiss") is August 4, 2017, in accordance with L.R. 7-3(c).

WHEREAS, Plaintiffs' counsel informed Defendants' counsel that Plaintiff Sebastien Lagree is out of the country and unavailable to assist with preparation of the reply to the Motion to Dismiss until August 14, 2017 and, in addition, Plaintiffs' counsel has certain scheduled obligations, including a hearing during the week of August 7, 2017.

WHEREAS, based on the foregoing, the Parties met and conferred and stipulated to an extension of time for Plaintiffs to file their reply to the Motion to Dismiss up to and including August 18, 2017.

WHEREAS, the Parties have stipulated to four previous time modifications in connection with motions and responses to the Parties' respective pleadings on April 11, 2017 (Dkt. No. 35) and May 18, 2017 (Dkt. No. 51), June 14, 2017 (Dkt. No. 68), and July 20, 2017 (Dkt. 82).

WHEREAS, this stipulation will not alter the date of any event or any deadline already fixed by the Court order.

NOW, THEREFORE, the Parties, by and through their respective counsel, hereby stipulate and agree that Plaintiffs' reply to the Motion to Dismiss shall be filed no later than

PURSUANT TO STIPULATION, IT IS SO ORDERED.

FILER'S ATTESTATION

I, Michelle G. Breit, am an ECF user whose ID and password are being used to file this PARTIES' STIPULATION TO EXTEND TIME FOR PLAINTIFFS-COUNTERDEFENDANTS TO REPLY TO MOTION TO DISMISS PLAINTIFF'S PATENT INFRINGEMENT CLAIMS AND RELATED COUNTERCLAIMS PURSUANT TO FED.R. CIV. 41(a)(2) AND 12(b)(1) AND [PROPOSED ORDER]. Plaintiffs' counsel obtained Defendants' counsel's authority prior to the filing of this document. In compliance with Civil L.R. 5-1(i)(3), I hereby attest that counsel for the Defendants concur in this filing.