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

Filing 69

STIPULATION AND ORDER re 68 STIPULATION WITH PROPOSED ORDER re 60 Amended Complaint Stipulation and [Proposed] Order Extending Time to Respond to Second Amended Complaint filed by Light In The Box Limited. Signed by Judge Edward M. Chen on 12/2/15. (bpf, COURT STAFF) (Filed on 12/2/2015)

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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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Defendant.

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

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Second Amended Complaint Filed:
October 14, 2015

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Current CMC Date: January 21, 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 a two
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week extension of Defendant LITB Limited’s time to answer, move against, or otherwise respond
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to the Second Amended Complaint from December 1, 2015, to and including December 15, 2015.
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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

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captioned case against Defendant LITB Limited on October 14, 2015 (Dkt. No. 60);
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2.

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

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respond to the SAC to thirty (30) days, to and including November 13, 2015 (Dkt. No. 59);
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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO
RESPOND TO SECOND AMENDED COMPLAINT

CASE NO. 3:15-CV-00069-EMC

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3.

After ongoing settlement discussions, the Parties entered into a joint stipulation and

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proposed order continuing the Case Management Conference scheduled for December 10, 2015,

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and extending Defendant LITB Limited’s time to respond to the SAC from November 13, 2015 to

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December 1, 2015, (Dkt. No. 66), which order was entered by the Court on November 16, 2015

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(Dkt. No. 67);

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4.

The Parties continue to engage in settlement discussions and would like time to

continue their settlement talks before taking the time and expense of responding to the SAC;
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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 agreed upon extension will have no impact on the timing for the Case

Management Conference currently scheduled for January 21, 2016, or any related events;
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The Parties, therefore, respectfully request that Defendant LITB Limited’s time to

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answer, move against, or otherwise respond to the SAC be extended from December 1, 2015, to

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and including December 15, 2015.

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Dated: November 30, 2015

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SIMPSON THACHER & BARTLETT LLP
By: /s/ Harrison J. Frahn IV
Harrison J. Frahn IV
[e-mail]

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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]

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

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the Second Amended Complaint is extended by two weeks, from December 1, 2015, to and

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including December 15, 2015.

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ED
_________________________________
ORDER
S SOEdward M. Chen,
IT IHon.
United States District Judge
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M. Che
Edward
Judge
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December 2

Dated: ____________, 2015

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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO
RESPOND TO SECOND AMENDED COMPLAINT

CASE NO. 3:15-CV-00069-EMC