JOINT STIPULATION AND ORDER REGARDING CROSS-MOTION TO STRIKE BRIEFING SCHEDULE AND HEARING DATE

HAYWOOD S. GILLIAM, JR., District Judge.

Pursuant to Civil Local Rules 6-1(b), 6-2, 7-1(a)(5), and 7-12, Plaintiff DSS Technology Management, Inc. ("DSS") and Defendant Apple Inc. ("Apple"), through their respective counsel of record, hereby stipulate as follows regarding Apple's upcoming cross-motion to strike:

WHEREAS, on January 16, 2019, the Court entered a Scheduling Order setting the Dispositive Motion Hearing Deadline for October 31, 2019 at 2:00 p.m. (Dkt. 183);

WHEREAS, on August 1, 2019, the Court entered an order resetting the Dispositive Motion Hearing Deadline from October 31, 2019 at 2:00 p.m. to December 19, 2019 at 2:00 p.m.;

WHEREAS, on August 9, 2019, the parties submitted a stipulation (Dkt. 238) to extend the briefing schedule for the Dispositive and Daubert Motions, as follows:

WHEREAS, on August 9, 2019, the Court granted the parties' stipulation (Dkt. 239);

WHEREAS, on October 17, 2019, the parties filed Dispositive Motions and Daubert Motions (Dkts. 258, 264, 265, 268);

WHEREAS, on October 17, 2019, each of the parties also filed a Motion to Strike certain expert testimony (Dkts. 263, 270);

WHEREAS, on October 25, 2019, the parties submitted a stipulation (Dkt. 296) agreeing to the same briefing schedule for the Motions to Strike as the Dispositive and Daubert Motions, as well as the following briefing schedule for DSS' Second Motion to Strike portions of Dr. Fuja's expert report regarding the claimed "server microcomputer" limitation as it relates to the priority date of the Patent-in-Suit:

WHEREAS, on October 31, 2019, the Court granted the parties' stipulation (Dkt. 304);

WHEREAS, on November 14, 2019, DSS filed an Opposition to Apple's Motion for Summary Judgment (Dkt. 315) and a Second Motion to Strike portions of Dr. Fuja's expert report regarding the claimed "server microcomputer" limitation as it relates to the priority date of the Patent-in-Suit (Dkt. 329);

WHEREAS, DSS submitted a declaration from Mr. Denning in support of DSS' Opposition to Apple's Motion for Summary Judgment and a Second Motion to Strike portions of Dr. Fuja's expert report regarding the claimed "server microcomputer" limitation as it relates to the priority date of the Patent-in-Suit (Dkt. 320);

WHEREAS, Apple intends to file a cross-motion to strike the declaration of Mr. Denning (Dkt. 320) regarding the claimed "server microcomputer" limitation as it relates to the priority date of the Patent-in-Suit, on December 5, 2019 ("Upcoming Cross-Motion to Strike");

WHEREAS, the Parties have agreed to the following briefing schedule for Apple's Upcoming Cross-Motion to Strike:

WHEREAS, the Parties submit this briefing schedule so that, in the interest of efficiency, the Court may hear Apple's Upcoming Cross-Motion to Strike at the December 19, 2019 hearing on the Dispositive and Daubert Motions; and

WHEREAS, the briefing schedule and the December 19, 2019 hearing date for the Upcoming Cross-Motion to Strike will not alter the date of any event or any deadline already set by this Court in this case.

IT IS SO STIPULATED.

Pursuant to Civil L.R. 5-1(i)(3), concurrence to the filing of this document was obtained from Niky Bagley, counsel for DSS Technology Management, Inc., on November 21, 2019.

PURSUANT TO STIPULATION, IT IS SO ORDERED.