E & E Co., Ltd. v. Light In The Box Limited
Filing
85
STIPULATION AND ORDER re: 84 STIPULATION WITH PROPOSED ORDER CONTINUING CASE MANAGEMENT CONFERENCE, ASSOCIATED DATES, AND ADR PHONE CONFERENCE filed by Light In The Box Limited. Case Management Statement due by 3/10/2016. Further Case Management Conference set for 3/17/2016 10:30 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 2/19/2016. (afmS, COURT STAFF) (Filed on 2/19/2016)
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Harrison J. Frahn IV (Bar No. 206822)
hfrahn@stblaw.com
SIMPSON THACHER & BARTLETT LLP
2475 Hanover Street
Palo Alto, California 94304
Telephone: (650) 251-5000
Facsimile: (650) 251-5002
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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,
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Plaintiff,
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vs.
LIGHT IN THE BOX LIMITED, a Hong
Kong corporation,
Case No. 3:15-CV-00069-EMC
Judge Edward M. Chen
STIPULATION AND [PROPOSED]
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE,
ASSOCIATED DATES, AND ADR PHONE
CONFERENCE
Defendant.
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Third Amended Complaint Filed:
February 4, 2016
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Current CMC Date: March 3, 2016
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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”) (collectively, the “Parties”), hereby stipulate to a fourteen (14)
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day continuance of the initial Case Management Conference (“CMC”), currently set for March 3,
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2016, and all dates associated therewith, including the time to file the Case Management
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Statement and for the exchange of Initial Disclosures. The Parties further stipulate to a fourteen
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(14) day continuance of the ADR Phone Conference currently set for February 22, 2016. The
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Parties’ stipulation is based on the following facts:
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1.
Following the filing of LITB’s Motion to Dismiss the First Amended Complaint on
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September 14, 2015 (Dkt. No. 44), the Court reset the CMC from November 9, 2015, to December
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10, 2015 (Dkt. No. 46);
STIPULATION AND [PROPOSED] ORDER CONTINUING CMC AND ADR PHONE CONFERENCE
CASE NO. 3:15-CV-00069-EMC
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2.
Plaintiff E & E filed a Second Amended Complaint (“SAC”) in the above
captioned case against Defendant LITB on October 14, 2015 (Dkt. No. 60);
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After ongoing settlement discussions, the Parties entered into a joint stipulation and
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proposed order to continue the CMC (Dkt. No. 66), which order was entered by the Court on
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November 16, 2015, resetting the CMC for January 21, 2016 (Dkt. No. 67);
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4.
Following the filing of LITB’s Motion to Dismiss the Second Amended Complaint
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on December 28, 2015 (Dkt. No. 72), the Court reset the CMC from January 21, 2016, to March 3,
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2016, and set the date for the submission of the Case Management Statement to February 25, 2016
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(Dkt. No. 73).
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5.
Plaintiff E & E filed a Third amended Complaint (“TAC”) in the above captioned
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case against Defendant LITB on February 4, 2016 (Dkt. No. 79), and Defendant LITB filed an
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Answer to the TAC on February 11, 2016 (Dkt. No. 80).
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6.
At the request of the Parties, an ADR Phone Conference was scheduled for
February 22, 2016 (Dkt. No. 83).
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The Parties have since reengaged in settlement discussions and made significant
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strides towards resolution of this matter, and would like time to continue their settlement talks
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before taking the time and expense of filing a Joint CMC statement, preparing and exchanging
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Initial Disclosures, preparing for and participating in the ADR Phone Conference, and preparing
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for and attending the CMC.
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8.
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 the CMC scheduled for March 3,
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2016, be continued for fourteen (14) days until March 17, 2016, or a date convenient to the Court,
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along with all dates associated therewith, including continuing the date for filing the Joint CMC
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Statement and exchanging Initial Disclosure to one week before the new CMC date. The Parties
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further request that the ADR Phone Conference currently set for February 22, 2016, be continued
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for fourteen (14) days until March 7, 2016, or a date convenient to the Court and ADR Unit.
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-2STIPULATION AND [PROPOSED] ORDER CONTINUING CMC AND ADR PHONE CONFERENCE
CASE NO. 3:15-CV-00069-EMC
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Dated: February 18, 2016
SIMPSON THACHER & BARTLETT LLP
By: /s/ Harrison J. Frahn IV
Harrison J. Frahn IV
hfrahn@stblaw.com
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
jshaeffer@foxrothschild.com
Ashe Puri
apuri@foxrothschild.com
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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-3STIPULATION AND [PROPOSED] ORDER CONTINUING CMC AND ADR PHONE CONFERENCE
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 March 3, 2016, until
March 17
_____________, 2016;
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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 and
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exchange of Initial Disclosures, which shall be continued until one week before the new CMC
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date. The Parties shall comply with this Court’s Standing Order re: Initial Case Management and
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the Standing Order for All Judges of the Northern District of California re: Contents of Case
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Management Statements.
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3.
The ADR Phone Conference shall be continued from February 22, 2016, until
_____________, 2016; Party to contact ADR Unit directly to reschedule conference.
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Dated: ____________, 20___
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February 19
_________________________________
Hon. Edward M. Chen,
United States District Judge
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STIPULATION AND [PROPOSED] ORDER CONTINUING CMC AND ADR PHONE CONFERENCE
CASE NO. 3:15-CV-00069-EMC
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