Electra Bicycle Company LLC v. Trek Bicycle Corporation Ltd

Filing 23

STIPULATION AND ORDER RE 22 TO EXTEND TIME TO RESPOND TO COMPLAINT AND TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AS MODIFIED BY THE COURT. Initial Case Management Conference set for 8/25/2011 10:00 AM in Courtroom 3, 17th Floor, San Francisco.. Signed by Judge Richard Seeborg on 5/5/11. (cl, COURT STAFF) (Filed on 5/5/2011)

*E-Filed 5/5/11*
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BINGHAM MCCUTCHEN LLP
William F. Abrams (SBN 88805)
[e-mail]
Patrick T. Weston (SBN 211448)
[e-mail]
1900 University Avenue
East Palo Alto, CA 94303-2223
Telephone: [phone]
Facsimile: 650.849.4800
WOMBLE CARLYLE SANDRIDGE & RICE, PLLC
Malcolm K. McGowan (pro hac vice)
[e-mail]
1401 Eye Street NW, Suite 700
Washington DC 20005
Telephone: [phone]
Facsimile: 202.467.6910
Attorneys for Plaintiff
Electra Bicycle Company, LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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ELECTRA BICYCLE COMPANY, LLC,
a Delaware limited liability company,

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Plaintiff,
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v.
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TREK BICYCLE CORPORATION,
a Wisconsin corporation

Case No. C 10-05534 RS
STIPULATED REQUEST TO
EXTEND TIME TO RESPOND TO
COMPLAINT AND TO CONTINUE
INITIAL CASE MANAGEMENT
CONFERENCE AND RELATED
DATES (CIVIL L.R. 6-2)
AS MODIFIED BY THE COURT

Defendant.

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IT IS AGREED AND STIPULATED BY AND BETWEEN PLAINTIFF
ELECTRA BICYCLE COMPANY, LLC, (“ELECTRA”) AND DEFENDANT TREK
BICYCLE CORPORATION (“TREK”), BY AND THROUGH THEIR RESPECTIVE
COUNSEL, AS FOLLOWS:

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A/74250947.7
STIPULATED REQUEST TO EXTEND CASE MANAGEMENT CONFERENCE AND TIME TO RESPOND TO COMPLAINT
CASE NO. C 10-05534 RS

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1.

Electra and Trek are engaged in good-faith discussions regarding a

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potential resolution of this dispute, and respectfully request that the Court extend by sixty days

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(1) the time for Trek to answer or respond to the Complaint, and (2) the initial case management

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conference and related dates. Doing so will not prejudice the parties or unduly delay the

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efficient administration of the present action, and will facilitate settlement discussions by

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permitting the parties to focus on settlement efforts.

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2.

Counsel for Trek agreed to accept service of the Complaint and Summons

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in this matter on behalf of Trek. Counsel for Electra served the complaint, summons, and related

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papers upon counsel for Trek via email and first class mail on May 2, 2011.

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3.

Trek’s answer or other response to Electra’s complaint is currently due on

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The initial case management conference in this matter is currently

May 26, 2011.

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scheduled for June 23, 2011, with the case management statement due by June 16, 2011.

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See Docket #20.

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5.

Because settlement discussions are ongoing, the parties agree to extend the

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deadline for Trek to answer or otherwise respond to the Electra’s Complaint by sixty days to

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July 25, 2011.

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A/74250947.7

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STIPULATED REQUEST TO EXTEND CASE MANAGEMENT CONFERENCE AND TIME TO RESPOND TO COMPLAINT
CASE NO. C 10-05534 RS

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6.

Further, to conserve judicial resources, Electra and Trek jointly stipulate

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and respectfully request that the initial case management conference be continued for sixty days,
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to August 22, 2011, or a date thereafter suitable for the Court; with associated dates similarly

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extended as follows:

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Date

Event

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8/1/2011

Last day to:
• meet and confer re: initial disclosures, early settlement, ADR
process selection, and discovery plan
• file ADR Certification signed by Parties and Counsel (form
available at http://www.cand.uscourts.gov)
• file either Stipulation to ADR Process or Notice of Need for ADR
Phone Conference (form available at
http://www.cand.uscourts.gov)

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8/15/2011

Last day to file Rule 26(f) Report, complete initial disclosures or state
objection in Rule 26(f) Report and file Case Management Statement per
attached Standing Order re Contents of Joint Case Management
Statement (also available at http://www.cand.uscourts.gov)

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7.

The Court previously granted a motion to continue the initial case

management conference in this matter until April 21, 2011 (Docket # 11), and granted a second
motion to continue the initial case management conference in this case until May 5, 2011
(Docket # 15). On April 6, 2011, the Court granted a motion extending the time limit for Electra
to serve its Complaint upon Trek until May 5, 2011, and continuing the initial case management
conference until May 26, 2011. Docket # 19. On April 18, 2011, the Clerk issued a notice
rescheduling the initial case management conference for June 23, 2011, with the case
management statement due by June 16, 2011. Docket # 20.

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IT IS HEREBY STIPULATED.

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A/74250947.7

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STIPULATED REQUEST TO EXTEND CASE MANAGEMENT CONFERENCE AND TIME TO RESPOND TO COMPLAINT
CASE NO. C 10-05534 RS

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DATED: May 5, 2011

Respectfully submitted,

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Bingham McCutchen LLP
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By:

/s/ Patrick T. Weston
William F. Abrams
Patrick T. Weston

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Attorneys for Plaintiff
ELECTRA BICYCLE COMPANY, LLC

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Respectfully submitted,
DATED: May 5, 2011

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Kilpatrick Townsend & Stockton LLP

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By:

/s/ David E. Sipiora
David E. Sipiora

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Attorneys for Plaintiff
TREK BICYCLE CORPORATION

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PURSUANT TO STIPULATION, IT IS SO ORDERED,

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DATED: 5/5/11

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United States District Judge

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A/74250947.7

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STIPULATED REQUEST TO EXTEND CASE MANAGEMENT CONFERENCE AND TIME TO RESPOND TO COMPLAINT
CASE NO. C 10-05534 RS