Restoration Hardware, Inc. et al v. Light In The Box Limited

Filing 28

ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND EXTENDING TIME TO RESPOND TO COMPLAINT re 27 STIPULATION. Case Management Statement due by 9/1/2015. Case Management Conference continued to 9/8/2015 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Signed by Judge William H. Orrick on 7/24/2015. (jmdS, COURT STAFF) (Filed on 7/24/2015)

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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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Attorneys for Defendant LightInTheBox Holding Co., Ltd.

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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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RESTORATION HARDWARE, INC., a
Delaware corporation, and RH US, LLC, a
Delaware limited liability company,
Plaintiffs,

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vs.

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LIGHT IN THE BOX LIMITED, a Hong
Kong limited liability company, and
LIGHTINTHEBOX HOLDING CO., LTD.,
a Cayman Islands exempted company,

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Civil Case No.: 3:15-cv-00924-WHO
The Honorable William H. Orrick
STIPULATION AND
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE AND
EXTENDING TIME TO RESPOND TO
COMPLAINT
First Amended Complaint Filed: May 14, 2015
Current CMC Date: August 4, 2015

Defendants.

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Plaintiffs Restoration Hardware, Inc. and RH US, LLC, (collectively, “Plaintiffs”),

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and Defendant LightInTheBox Holding Company, Limited, (“LITB Holding Co.”) (collectively,

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the “Parties”), hereby stipulate to a (1) 30-day continuance of the Case Management Conference

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(“CMC”) (and all dates associated therewith), current set for August 4, 2015, and (2) a 30-day

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extension of Defendant LITB Holding Co.’s time to respond to the First Amended Complaint from

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July 27, 2015, to and including August 26, 2015. The Parties’ stipulation is based on the

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following facts:

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1.

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Plaintiffs filed a First Amended Complaint (“FAC”) in the above captioned case

against Defendant LITB Holding Co. on May 14, 2015, (Dkt. No. 13);
STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND EXTENDING TIME TO RESPOND TO FIRST
AMENDED COMPLAINT, CASE NO.: 3:15-CV-00924-WHO

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2.

Plaintiffs and Defendant LITB Holding Co. conferred and subsequently entered a

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joint stipulation extending Defendant LITB Holding Co.’s time to respond to the FAC from

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June 5, 2015 to June 26, 2015 (Dkt. No. 15);

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3.

After ongoing settlement discussions, Plaintiffs and Defendant LITB Holding Co.

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entered into a second joint stipulation continuing the case management conference scheduled for

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June 30, 2015, and extending Defendant LITB Holding Co.’s time to respond to the FAC from

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June 26, 2015 to July 27, 2015, (Dkt. No. 23);

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4.

The Parties have resolved the dispute between them and are in the process of

finalizing a settlement agreement;
5.

In light of the impending settlement, the Parties would like to continue the case

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management conference currently scheduled for August 4, 2015, and request a 30-day extension

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of time for Defendant LITB Holding Co. to respond to the FAC;

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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 August

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4, 2015 be continued for 30 days, until early September, 2015 on a date convenient to the Court;

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(2) the date for filing the Joint CMC Statement be continued until one week before the new CMC

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date; and (3) Defendant LITB Holding Co.’s time to respond to the Complaint be extended from

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July 27, 2015, to and including August 26, 2015.

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Dated: July 24, 2015

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SIMPSON THACHER & BARTLETT LLP
By: /s/ Harrison J. Frahn IV
Harrison J. Frahn IV

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Harrison J. Frahn IV
[e-mail]
2475 Hanover Street
Palo Alto, California 94304
Tel: [phone]
Fax: [phone]

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Attorney for Defendant LightintheBox Holding Co.,
Ltd.

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-2STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND EXTENDING TIME TO RESPOND TO FIRST
AMENDED COMPLAINT, CASE NO: 3:15-CV-00924-WHO

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LEWIS ROCA ROTHGERBER LLP

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By: /s/ Michael J. McCue
Michael J. McCue

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Michael J. McCue
[e-mail]
Aaron D. Johnson
[e-mail]
3993 Howard Hughes Parkway, Suite 600
Las Vegas, Nevada 89169-5996
Tel: [phone]
Fax: [phone]

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Attorneys for Plaintiffs Restoration Hardware, Inc.
and RH US, LLC

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

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concurrence in the filing of this document has been obtained from the signatories to this

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document.

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-3STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND EXTENDING TIME TO RESPOND TO FIRST
AMENDED COMPLAINT, CASE NO: 3:15-CV-00924-WHO

ORDER

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

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that:
1.

The Case Management Conference shall be continued from August 4, 2015, until

September 8 2015;
__________,
2.

All other deadlines associated with the Case Management Conference, including

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the filing of a Joint Case Management Conference statement, shall be continued until one week

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before the new CMC date. The Parties shall comply with this Court’s Standing Order re: Initial

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Case Management and the Standing Order for All Judges of the Northern District of California re:

Defendant LITB Holding Co.’s time to respond to the First Amended Complaint is

extended by thirty days, from July 27, 2015, to and including August 26, 2015.
S

UNIT
ED

TED

GRAN

________________________
Honorable William H. Orrick
United States District Judge
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Judge W

ER

illiam H

. Orr ick

R NIA

Dated: ______________, 2015
July 24

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Contents of Case Management Statements.

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-4STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND EXTENDING TIME TO RESPOND TO FIRST
AMENDED COMPLAINT, CASE NO: 3:15-CV-00924-WHO