PARTIES' STIPULATION TO EXTEND TIME FOR DEFENDANTS TO FILE ADMINISTRATIVE MOTION FOR LEAVE OF COURT TO FILE A SUR-REPLY TO MOTION TO DISMISS PLAINTIFFS' 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 Rule 6-1(b) of the Civil Local Rules (L.R.), Plaintiffs and Counter-Defendants LAGREE TECHNOLOGIES, INC., LAGREE FITNESS, INC., MAXIMUM FITNESS INCORPORATED, SEBASTIEN LAGREE, and SPX FITNESS, INC. ("Plaintiffs"), and Defendants and Counter-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, Defendants intend to file a motion for administrative relief pursuant to Local Rule 7-11, requesting leave to file a sur-reply in response 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) (Dkt. No. 79) ("Motion to Dismiss") and Plaintiffs' Reply (Dkt No. 104) which contained a declaration and Exhibit, namely a covenant not to sue signed on September 8, 2017 (Dkt No. 104-1).

WHEREAS, counsel for the Parties have met and conferred in an attempt to reach an agreement on the terms of a potential stipulated dismissal.

WHEREAS, the parties wish to continue meeting and conferring regarding the terms of a potential stipulated dismissal.

WHEREAS, on September 8, 2017, the Court continued the hearing on the Motion to Dismiss to November 2, 2017 (Dkt. No. 103).

WHEREAS, based on the foregoing, the Parties met and conferred and stipulated to a one-week extension of time for Defendants to file their motion for administrative relief for leave to file a sur-reply, up to and including September 22, 2107, which would give the Parties sufficient time to discuss mutually-agreeable terms to a stipulated dismissal.

WHEREAS, the Parties have stipulated to three previous time modifications for Plaintiffs to file their reply to the Motion to Dismiss (Dkt. Nos. 85, 96 and 99).

WHEREAS, Plaintiffs were also granted one additional modification for Plaintiffs to file their reply to the Motion to Dismiss (Dkt. No. 94).

WHEREAS, the Parties have stipulated to four previous time modifications in connection with 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, and could resolve one of the issues before the Court's November 2, 2017 hearing.

NOW, THEREFORE, the Parties, by and through their respective counsel, hereby stipulate and agree that Defendants' motion for administrative relief to file a sur-reply to the Motion to Dismiss shall be filed no later than September 22, 2017.

PURSUANT TO STIPULATION, IT IS SO ORDERED.