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Case 1:14-cv-02167-NGG-RML Document 16 Filed 04/24/14 Page 1 of 1 PageID #: 284

April 24, 2014 BY ECF Honorable Nicholas Garaufis, U.S.D.J. United States District Court, Eastern District of New York 225 Cadman Plaza East Brooklyn, New York 11201 Re: COLlive Corporation, et al. v. Rivkin et al., Case No.: 14-CV-2167 (NGG)

Dear Judge Garaufis: As the Court is aware, this firm represents Plaintiffs COLlive Corporation, Yossie Soffer and Mica Soffer in the above-referenced action. We write to respectfully request that the Court extend for an additional ten (10) days (i.e., through May 5, 2014), based upon the stipulated agreement and consent of the parties, the Order to Show Cause Temporary Restraining Order (hereinafter, theTRO), which this Court originally issued on April 4, 2014 [DKT No. 5], subsequently extended for an additional ten days on April 8, 2014 based on the in-Court stipulation of the parties, and extended again for an additional seven days through tomorrow, April 25, 2014 [DKT No. 12] based upon the joint letter application of the parties. [DKT No. 11]. Attached hereto as Exhibit A and B are copies of emails from Defendant Rivkins counsel agreeing to this extension. Plaintiffs also request that the Court direct the parties to appear before Magistrate Judge Levy early next week to mediate the last, lingering, seemingly minor terms of the interim injunctive order on which the parties have apparently reached impasse. Attached hereto as Exhibit C is a an email from Defendant Rivkins counsel confirming that the parties are extremely close on all but a few terms of the interim injunctive order. Early this afternoon, Plaintiffs counsel requested Defendant counsels request that the parties submit these last, lingering, seemingly minor issues to binding mediation before Magistrate Judge Levy in order to avoid a full-blown preliminary injunction hearing over resolvable issues. We understand that defense counsel has been in a closing most of the afternoon, and has yet to respond. Plaintiffs are willing to submit these last issues to non-binding mediation if Defendant Rivkin objects to binding mediation. Plaintiffs also respectfully request that the Court direct that the parties attend the mediation (either in person or by telephone) and that any such mediation which should take less than three (3) hours in total -- take place at the Courts convenience during the afternoons of April 29th, April 30th, or May 1st, as the undersigned is otherwise engaged during the first three mornings and all of the participants, and Friday, May 2nd would not work for Defendant Rivkin, who is apparently a Sabbath observer in Israel. Respectfully Submitted,

Mitchell C. Shapiro

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