STIPULATION AND [PROPOSED] ORDER PERMITTING MOTION TO DISMISS BRIEFS TO EXCEED PAGE LIMITS

HAYWOOD S. GILLIAM, JR., District Judge.

Pursuant to Civil L.R. 7-11 and 7-12, Plaintiff Zomm, Inc. ("Zomm") and Defendant Apple Inc. ("Apple") (collectively "the Parties") hereby stipulate and request that the Parties be permitted to file briefs regarding Apple's motion to dismiss in excess of the applicable page limits.

WHEREAS Apple's response to Zomm's Amended Complaint is currently due on or before December 3, 2018;

WHEREAS Apple intends to move under Federal Rule of Civil Procedure 12(b)(6) to dismiss for failure to state a claim each of the three causes of action asserted in Zomm's Amended Complaint, specifically the first cause of action for alleged patent infringement, the second cause of action for alleged breach of contract, and the third cause of action for alleged unfair competition under California common law;

WHEREAS Apple's motion will address several complex issues including patent subject matter eligibility under 35 U.S.C. § 101, pleading requirements for both breach of contract and unfair competition claims, and federal and state preemption and supersession of unfair competition claims; and

WHEREAS the Parties agree that due to the complexity of the issues and number of causes of action to be addressed by Apple's motion, the Parties should be permitted to exceed the page limits for the opening and responsive briefs by ten pages and the reply brief by five pages.

It is hereby STIPULATED AND AGREED, by and between the Parties, subject to the approval of the Court, as follows:

IT IS SO STIPULATED.

FILER'S ATTESTATION

Pursuant to Local Rule 5-1(i)(3), I hereby attest that the other signatory listed, on whose behalf the filing is submitted, concurs in the filing's content and has authorized the filing.

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.