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

Filing 34

ORDER granting 33 STIPULATION CONTINUING CASE MANAGEMENT CONFERENCE AND EXTENDING TIME TO RESPOND TO FIRST AMENDED COMPLAINT. Defendant's time to answer is extended to October 7, 2015. Case Management Conference continued to 11/3/2015 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Case Management Statement due by 10/27/2015. Signed by Judge William H. Orrick on 09/17/2015. (jmdS, COURT STAFF) (Filed on 9/17/2015)

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

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 FIRST AMENDED
COMPLAINT
First Amended Complaint Filed: May 14, 2015
Current CMC Date: October 6, 2015

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Defendants.

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

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

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“Parties”), hereby stipulate to (1) a three week continuance of the Case Management Conference

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(“CMC”) (and all dates associated therewith), currently set for October 6, 2015, and (2) a three

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

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Complaint from September 16, 2015, to and including October 7, 2015. The Parties’ stipulation is

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based on the following facts:

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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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1.

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

against Defendant LITB Holding Co. on May 14, 2015, (Dkt. No. 13);
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 entered a third joint stipulation continuing the case management

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conference scheduled for August 4, 2015, and extending Defendant LITB Holding Co.’s time to

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respond to the FAC from July 27, 2015 to August 26, 2015, (Dkt. No. 28);

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5.

The parties entered another joint stipulation continuing the case management

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conference scheduled for September 8, 2015, and extending Defendant LITB Holding Co.’s time

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to respond to the FAC from August 26, 2015, to and including September 9, 2015, (Dkt. No. 30);

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6.

The parties entered the most recent joint stipulation extending Defendant LITB

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Holding Co.’s time to respond to the FAC from September 9, 2015, to and including September

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16, 2015 (Dkt. No. 32).

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7.

The Parties have resolved the dispute between them and are currently finalizing a

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

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management conference currently scheduled for October 6, 2015, and request a three week

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

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9.

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 October

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6, 2015, be continued for three weeks, until late October, 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
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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date; and (3) Defendant LITB Holding Co.’s time to answer, move against, or otherwise respond

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to the FAC be extended from September 16, 2015, to and including October 7, 2015.

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Dated: September 16, 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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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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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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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 October 6, 2015, until

November 3, 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:

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Contents of Case Management Statements.
3.

Defendant LITB Holding Co.’s time to answer, move against, or otherwise respond

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to the First Amended Complaint is extended by one week, from September 16, 2015, to and

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including October 7, 2015.

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Dated: September 17, 2015

________________________
Honorable William H. Orrick
United States District Judge

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