E & E Co., Ltd. v. Light In The Box Limited

Filing 67

STIPULATION AND ORDER re 66 CONTINUING CASE MANAGEMENT CONFERENCE AND EXTENDING TIME TO RESPOND TO SECOND AMENDED COMPLAINT filed by Light In The Box Limited Case Management Statement due by 1/14/2016. Case Management Conference reset for 1/21/2016 09:30 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 11/16/15. (bpf, COURT STAFF) (Filed on 11/16/2015)

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Harrison J. Frahn IV (Bar No. 206822)
[e-mail]
SIMPSON THACHER & BARTLETT LLP
2475 Hanover Street
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]

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Attorney for Defendant Light In The Box Limited

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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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E & E CO., LTD., a California corporation,
Plaintiff,

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vs.

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LIGHT IN THE BOX LIMITED, a Hong
Kong corporation,

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Case No. 3:15-CV-00069-EMC
Judge Edward M. Chen
STIPULATION AND [PROPOSED]
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE AND
EXTENDING TIME TO RESPOND TO
SECOND AMENDED COMPLAINT

Defendant.
Second Amended Complaint Filed:
October 14, 2015

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Current CMC Date: December 10, 2015

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Plaintiff E & E Co., Ltd. (“Plaintiff” or “E & E”) and Defendant Light In The Box

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Limited (“Defendant” or “LITB Limited”) (collectively, the “Parties”) hereby stipulate to (1) a one

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month continuance of the Case Management Conference (“CMC”) (and all dates associated

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therewith), currently set for December 10, 2015, to a date available with the Court after January 4,

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2016, and (2) an eighteen (18) day extension of Defendant LITB Limited’s time to answer, move

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against, or otherwise respond to the Second Amended Complaint from November 13, 2015, to and

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including December 1, 2015. The Parties’ stipulation is based on the following facts:

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1.

Plaintiff E & E filed a Second Amended Complaint (“SAC”) in the above

captioned case against Defendant LITB Limited on October 14, 2015 (Dkt. No. 60);
STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND EXTENDING TIME TO RESPOND TO
SECOND AMENDED COMPLAINT
CASE NO. 3:15-CV-00069-EMC

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2.

The Parties conferred and jointly stipulated to enlarge the time for LITB Limited to

respond to the SAC to thirty (30) days, to and including November 13, 2015 (Dkt. No. 59);
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The Parties have since been in settlement discussions and would like time to

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continue their settlement talks before taking the time and expense of responding to the SAC, filing

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a Joint CMC statement, and preparing for and attending the CMC;

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4.

The Parties submit that this agreement was made in the spirit of conserving judicial

resources and is in the best interests of the Parties;
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The Parties, therefore, respectfully request that: (1) the CMC scheduled for

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December 10, 2015 be continued to a date convenient for the Court after January 4, 2016, (along

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with all dates associated therewith); (2) the date for filing the Joint CMC Statement be continued

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until one week before the new CMC date (along with all dates associated therewith); and (3)

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Defendant LITB Limited’s time to answer, move against, or otherwise respond to the SAC be

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extended from November 13, 2015, to and including December 1, 2015.

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Dated: November 10, 2015

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SIMPSON THACHER & BARTLETT LLP
By: /s/ Harrison J. Frahn IV
Harrison J. Frahn IV
[e-mail]
Attorney for Defendant, Light In The Box Limited

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FOX ROTHSCHILD LLP
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By: /s/ John Shaeffer
John Shaeffer
[e-mail]
Ashe Puri
[e-mail]
Attorneys for Plaintiff, E & E CO., LTD.

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Attestation: Pursuant to Civil Local Rule 5-1(i)(3), the filer attests that concurrence in the filing

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of this document has been obtained from the signatories to this document.

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-2STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND EXTENDING TIME TO RESPOND TO
SECOND AMENDED COMPLAINT
CASE NO. 3:15-CV-00069-EMC

[PROPOSED] ORDER

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Pursuant to the Parties’ stipulation and for good cause shown, IT IS HEREBY

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ORDERED that:

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1.

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The Case Management Conference shall be continued from December 10, 2015,

January 21
until _____________, 2016;

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at 9:30 a.m.

All other deadlines associated with the Case Management Conference shall be

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continued, accordingly, including the filing of a Joint Case Management Conference statement,

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which shall be continued until one week before the new CMC date. The Parties shall comply with

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this Court’s Standing Order re: Initial Case Management and the Standing Order for All Judges of

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the Northern District of California re: Contents of Case Management Statements.
3.

Defendant LITB Limited’s time to answer, move against, or otherwise respond to

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the Second Amended Complaint is extended by 18 days, from November 13, 2015, to and

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including December 1, 2015.

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Judge E

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DERED

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IS SO O FIED
IT_________________________________
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Hon.MOD
AS Edward M. Chen,
United States District Judge
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Dated: November ___, 2015

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STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND EXTENDING TIME TO RESPOND TO
SECOND AMENDED COMPLAINT
CASE NO. 3:15-CV-00069-EMC