JOINT STIPULATION AND ORDER TO AMEND SCHEDULING ORDER AND EXTEND ADR DEADLINE (DKT. 92)

HAYWOOD S. GILLIAM, JR., District Judge.

JOINT STIPULATION AND ORDER TO AMEND SCHEDULING ORDER AND EXTEND ADR DEADLINE

Pursuant to Federal Rule of Civil Procedure 16(b), Civil Local Rules 6-2 and 7-12, and the Court's Scheduling Order and the Order re: ADR Deadline (Dkt. 92), Plaintiff ZTE (USA) Inc. ("ZTE") and Defendant AGIS Software Development LLC ("AGIS Software") (collectively, the "Parties"), hereby stipulate and agree as follows:

WHEREAS, on April 15, 2019, the Court signed and entered an amended Scheduling Order (Dkt. 63), which modified the previous Scheduling Order (Dkt. 25);

WHEREAS, on May 17, 2019, to allow the Parties time to confer regarding the Parties' discovery disputes, the Court granted the Parties' request to extend Plaintiff's Invalidity Contentions and Plaintiff's Production from May 20, 2019 to June 3, 2019; and the Court granted the Parties' request to extend the Parties' Exchange of Proposed Claim terms from June 3, 2019 to June 10, 2019 (Dkt. 73);

WHEREAS, on June 14, 2019, the Parties met and conferred in Magistrate Judge Spero's courtroom to discuss certain discovery disputes;

WHEREAS, on June 21, 2019, the Court signed and entered an amended Scheduling Order (Dkt. 92), which modified the previous Scheduling Order (Dkt. 73), to allow the Parties time to resolve such discovery disputes as agreed during the June 14, 2019 meet and confer;

WHEREAS, to allow the Parties time to confer regarding the on-going discovery disputes and the Parties' Local Patent Rule 4-3 Joint Claim Construction and Prehearing Statement; the Parties' request to extend the Joint Claim Construction and Prehearing Statement from August 13, 2019 to August 21, 2019 and additional upcoming deadlines;1

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. 92) be modified as follows:

WHEREAS, on April 4, 2019, 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, the parties were scheduled to conduct mediation on June 4, 2019 with Hon. James Ware (Ret.) as mediator, however, due to a medical emergency of the mediator, the Parties were unable to complete mediation on that date,

WHEREAS, on June 21, 2019, the Court granted the Parties' request to extend the ADR deadline from June 21, 2019 to August 23, 2019 (Dkt. 92);

WHEREAS, Judge Ware and both Parties have indicated that they are available to mediate at the end of September in New York, and are currently working to confirm and finalize the details;

WHEREAS, to allow sufficient time for the Parties to complete the rescheduled mediation, the Parties have agreed that good cause exists to extend the ADR deadline to October 1, 2019;

IT IS FURTHER HEREBY STIPULATED AND AGREED, by and between Plaintiff and Defendant, through their respective undersigned counsel, that the deadline to complete ADR, currently set for August 23, 2019 (Dkt. 92), shall be continued to October 1, 2019.

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

ATTESTATION

I, Bradford C. Schulz, hereby attest that concurrence in the filing of this document has been obtained from each of the other Signatories indicated by a confirmed signature (/s/) within this e-filed document.

PURSUANT TO STIPULATION, IT IS SO ORDERED.