JOINT STIPULATION AND [PROPOSED] ORDER TO AMEND SCHEDULING ORDER (DKT. 25)

HAYWOOD S. GILLIAM, JR., District Judge.

Pursuant to Federal Rule of Civil Procedure 16(b), Civil Local Rules 6-2 and 7-12, and the Court's Scheduling Order (Dkt. 25), Defendant AGIS Software Development LLC ("AGIS Software") and Plaintiff ZTE (USA) Inc. ("ZTE") (collectively, "the Parties"), hereby stipulate and agree as follows: WHEREAS, on October 9, 2018, ZTE filed its initial Complaint seeking a judicial declaration of non-infringement, invalidity, and/or unenforceability as to the patents-in-suit against AGIS Software, AGIS Holdings, Inc. ("AGIS Holdings"), and Advanced Ground Information Systems, Inc. ("AGIS, Inc.") (Dkt. 1);

WHEREAS, on December 31, 2018, ZTE filed a First Amended Complaint ("FAC") removing AGIS Holdings and AGIS, Inc. as named defendants, but continuing to assert claims against AGIS Software (Dkt. 18);

WHEREAS, on January 17, 2019, the Court signed and entered the Scheduling Order (Dkt. 25), which set the following dates:

WHEREAS, after the Court entered the Scheduling Order, on February 5, 2019, ZTE filed a Second Amended Complaint ("SAC"), removing ZTE's claims of invalidity of the patents-in-suit;

WHEREAS, on February 19, 2019, AGIS Software filed a Motion to Dismiss the SAC ("MTD"), with a hearing scheduled for May 9, 2019 (Dkt. 41);

WHEREAS, on March 15, 2019, AGIS Software filed a Motion for Sanctions against ZTE, with a hearing scheduled for June 6, 2019 (Dkt. 48);

WHEREAS, on April 4, 2019, in order to allow sufficient time for the Parties to complete mediation, the Court granted the Parties' request to extend the ADR deadline from April 17, 2019 to June 21, 2019 (Dkt. 56);

WHEREAS, on April 9, 2019, in accordance with the Court's April 2, 2019 Order, ZTE resubmitted its opposition brief to the MTD (Dkt. 59);

WHEREAS, also on April 9, 2019, the Parties confirmed with JAMS that they will engage in mediation on June 4, 2019 with Hon. James Ware (Ret.) as Mediator;

WHEREAS, AGIS Software's reply brief in response to ZTE's resubmitted opposition to the MTD is due to be filed on April 16, 2019;

WHEREAS, considering the status of the case, the pendency of the motions (including a dispositive motion) and the upcoming mediation, the Parties have agreed that good cause exists for a 3 week extension of all upcoming deadlines set forth in the Scheduling Order, as such extension will permit more efficient case management, serve the interests in judicial economy, and ensure the most efficient use of the Court's and the Parties' resources;

WHEREAS, the Parties have not previously requested an extension of these deadlines, and the Parties do not believe the requested 3-week extension of the currently-scheduled deadlines will have a material impact on the schedule for the case;

IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff and Defendant, through their respective undersigned counsel, that the upcoming deadlines set forth in the Scheduling Order (Dkt. 25) be continued by 3 weeks, as follows:

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

ATTESTATION

Counsel for Defendant hereby attests by her signature below that concurrence in the filing of this document was obtained from counsel for Plaintiff.

PURSUANT TO STIPULATION, IT IS SO ORDERED,