STIPULATION AND ORDER TO EXTEND TIME TO FILE AMENDED COMPLAINT AND RESPONSE AND TO CONTINUE CMC

RICHARD SEEBORG, District Judge.

Pursuant to Civil L.R. 6-1(b), Defendant Barracuda Networks, Inc. ("Defendant") and Plaintiff Optrics Inc. ("Plaintiff"), by and through their undersigned attorneys, hereby state and stipulate, subject to Court approval, as follows:

WHEREAS, on November 20, 2017, this Court entered an order granting in part and denying in part Defendant's Motion to Dismiss (see D.I. 27, the "Order");

WHEREAS, under the Order, Plaintiff's deadline to file an amended Complaint is December 20, 2017, and, under Federal Rule of Civil Procedure 15(a)(3), Defendant's response to the amended Complaint would currently be due January 3, 2018;

WHEREAS, due to the December holidays, Defendant's operations will be shut down for part of the period after the amended complaint is filed and critical in-house individuals at Defendant and its outside counsel, whom are necessary for evaluating, preparing and reviewing its response to Plaintiff's forthcoming amended complaint will be out of the office;

WHEREAS, the parties have met and conferred and are agreeable to extending the time for Plaintiff to file its amended complaint until after the holidays to avoid Defendant's unavailability during the holiday period, such that Plaintiff's amended complaint would be due January 3, 2018, and Defendant's response would be due on January 17, 2018;

WHEREAS, on December 1, 2017, Plaintiff filed a Motion for Relief from an Order, or in the Alternative, A Motion Requesting Leave to File a Motion for Reconsideration with respect to elements of the Order (see D.I. 30), which, is scheduled to be heard on January 11, 2018 (the "Motion");

WHEREAS, there is a case management conference scheduled for January 25, 2018, at 10:00 a.m.;

WHEREAS, the parties have met and conferred and are agreeable to extending the time for Plaintiff to file its amended complaint until after the holidays to avoid Defendant's unavailability during the holiday period and to account for the impact of the resolution of the pending Motion on Plaintiff's amended complaint, and the adjust the schedule such that Plaintiff's amended complaint would be due within 30 days after the Court's ruling on the Motion, and Defendant's response would be due 30 days after the filing of an amended complaint, and that the case management conference would be continued by 60 days to March 22, 2018, at 10:00 a.m., subject to the Court's convenience;

WHEREAS, there have been no previous time modifications in this case, and there is no trial date or case schedule in place so that the proposed modification herein will not materially impact the case schedule;

NOW THEREFORE, IT IS STIPULATED AND AGREED, subject to this Court's approval, that:

1. Plaintiff's time to file an amended complaint is extended to 30 days after the Court's ruling on Plaintiff's Motion for Relief from an Order, or in the Alternative, A Motion Requesting Leave to File a Motion for Reconsideration;

2. Defendant's response to Plaintiff's amended complaint is due 30 days after Plaintiff files an amended complaint; and,

3. The Case Management Conference, currently scheduled for January 25, 2018, at 10:00 a.m., is continued to March 22, 2018, at 10:00 a.m.

IT IS SO STIPULATED

ATTESTATION

Pursuant to Civil L.R. 5-1(i)(3) regarding signatures, I attest under penalty of perjury that the concurrence in the filing of this document has been obtained from its signatories.

ORDER

Having read and considered the foregoing Stipulation of the parties submitted herewith and for good cause shown,

PURSUANT TO STIPULATION, IT IS SO ORDERED: