STIPULATION AND [PROPOSED] ORDER TO MODIFY SCHEDULING ORDER (THIRD REQUEST)

CARL W. HOFFMAN, Magistrate Judge.

Pursuant to Local Rules 6-1 and 26-4, Plaintiff/Counterclaim-Defendant Konami Gaming, Inc. ("Konami" or "Plaintiff") and Defendant/Counterclaim-Plaintiff Marks Studios, LLC d/b/a Gimmie Games ("Marks Studios" or Defendant") hereby stipulate as follows:

WHEREAS, the parties to this action filed a proposed joint Discovery Plan and Scheduling Order (the "Scheduling Order") on December 30, 2014 (Docket No. 24);

WHEREAS, the Court approved the Scheduling Order on January 27, 2015 (Docket No. 31);

WHEREAS, pursuant to the Scheduling Order, discovery is partially stayed until the Court issues a Markman order on claim construction;

WHEREAS, the parties' first request to modify the Scheduling Order was on February 6, 2015 (Docket No. 35);

WHEREAS, the Court approved the proposed modification of the Scheduling Order on February 6, 2015 (Docket No. 37);

WHEREAS, the parties' second request to modify the Scheduling Order was on May 18, 2015 (Docket No. 65);

WHEREAS, the Court approved the proposed modification of the Scheduling Order on May 19, 2015 (Docket No. 66);

WHEREAS, on June 1, 2015, the parties informally extended the deadlines for: (1) Defendant to produce source code and operating documents for the ten additional games as identified in the supplemental Asserted Claims and Infringement Contentions under Local Rule 16.1-9 to June 5, 2015; (2) Plaintiff to make its Disclosures of Asserted Claims and Infringement Contentions under Local Rule 16.1-6 to June 10, 2015; (3) Defendant to make its Disclosure of Non-Infringement, Invalidity and Unenforceability Contentions under Local Rule 16.1-8 to July 10, 2015; and (4) Plaintiff to serve its Response to Non-Infringement, Invalidity and Unenforceability Contentions under Local Rule 16.1-10 to July 24, 2015.

WHEREAS, to date, the Plaintiff and Defendant have made their Initial Disclosures pursuant to Federal Rule of Civil Procedure 26(a)(1), have filed the Stipulated Protective Order required under Local Rule 16.1-4, Defendant has produced the source code and operating documents for the ten additional games as identified in the supplemental Asserted Claims and Infringement Contentions under Local Rule 16.1-9; Plaintiff has made its Disclosure of Asserted Claims and Infringement Contentions required under Local Rule 16.1-6, and Defendant has made its Disclosure of Non-Infringement, Invalidity and Unenforceability Contentions under Local Rule 16.1-8;

WHEREAS, Plaintiff's expert had to undergo emergency surgery, delaying Plaintiff's preparation of its Response to Non-Infringement, Invalidity and Unenforceability Contentions;

WHEREAS, the parties have agreed to stipulate to a modification of the case schedule to allow Plaintiff sufficient opportunity to work with its expert to prepare its Response to Non-Infringement, Invalidity and Unenforceability Contentions;

WHEREAS, this is the parties' third request to modify the Scheduling Order;

IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the named parties hereto, that the schedule in the Scheduling Order will be amended as follows:

IT IS FURTHER STIPULATED AND AGREED that nothing herein alters the obligations and requirements included in the Scheduling Order and that this Stipulation is made in good faith and not for the purpose of delay.

IT IS SO STIPULATED THROUGH COUNSEL OF RECORD,

ORDER

PURSUANT TO THE STIPULATION, IT IS SO ORDERED: