Fox Factory, Inc. v. SRAM, LLC

Filing 37

STIPULATION AND ORDER - Case Management Conference set for 8/23/2016 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Case Management Statement due by 8/16/2016. Signed by Judge William H. Orrick on 07/29/2016. (jmdS, COURT STAFF) (Filed on 7/29/2016)

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Robert F. McCauley (SBN 162056)
[e-mail]
Jeffrey D. Smyth (SBN 280665)
[e-mail]
Christopher B. McKinley (SBN 306087)
[e-mail]
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP
3300 Hillview Avenue
Palo Alto, California 94304
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff
FOX FACTORY, INC.

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Erick C. Howard (SBN 214107)
[e-mail]
SHARTSIS FRIESE LLP
One Maritime Plaza, Eighteenth Floor
San Francisco, CA 94111
Telephone:
[phone]
Facsimile:
[phone]
Richard B. Walsh, Jr., pro hac vice
[e-mail]
Michael J. Hickey, pro hac vice
[e-mail]
Sara A. Milunski, pro hac vice
[e-mail]
LEWIS RICE LLC
600 Washington Avenue, Suite 2500
St. Louis, MO 63101
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
SRAM, LLC

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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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FOX FACTORY, INC.,

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Plaintiff,

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RELATED CASE NOS.
3:16-cv-00506-WHO AND
5:16-cv-03716-WHO
JOINT STIPULATION AND
ORDER

v.
SRAM, LLC,
Defendant.

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JOINT STIPULATION AND ORDER
Case No. 3:16-cv-00506-WHO

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On July 18, 2016, the Court entered a stipulated Order to relate FOX Factory, Inc. v. SRAM,

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LLC, Case Nos. 3:16-cv-00506-WHO and 5:16-cv-03716-WHA (now -WHO), which contained a

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stipulated case schedule to synchronize dates in both cases through claim construction. Dkt. 35

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(Case No. 3:16-cv-00506-WHO). In that stipulation, the parties respectfully suggested that a Case

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Management Conference be set “in the next few weeks” to schedule further dates for fact discovery,

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expert discovery, dispositive motions, and trial. Id. at 1. Although the parties were anticipating a

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CMC in approximately August 2016, the Court set the next CMC for August 22, 2017. 1 The parties

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agree that, with the Court’s permission, it would be beneficial to convene an earlier CMC in both

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cases to discuss a mediation schedule and to set dates for fact discovery, expert discovery,

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dispositive motions, and trial.
Accordingly, the parties HEREBY STIPULATE AND JOINTLY REQUEST that the Court

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set a CMC on August 23 or 30, 2016, or September 20, 2016, when counsel for both parties are

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available, and that counsel will file a joint case management conference statement at least seven days

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before the CMC.

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Lead counsel for Plaintiff FOX Factory intended to request in the stipulation that the
conference not be set on Tuesday, August 16, 2016, due to a previously scheduled family vacation,
but inadvertently referred to August 16, 2017 instead, which may have been confusing to the Court.
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JOINT STIPULATION AND ORDER
Case No. 3:16-cv-00506-WHO

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By signature below, counsel for Plaintiff attests the counsel for Defendant concurs in the

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filing of this document.

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Dated: July 28, 2016

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FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP

By:

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/s/ Robert F. McCauley
Robert F. McCauley
Attorneys for Plaintiff
FOX Factory, Inc.

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Dated: July 28, 2016

SHARTSIS FRIESE LLP

By:

/s/ Erick C. Howard
Erick C. Howard
Attorneys for Defendant
SRAM, LLC

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JOINT STIPULATION AND ORDER
Case No. 3:16-cv-00506-WHO

[PROPOSED] ORDER

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PURSUANT TO STIPULATION, a Case Management Conference in FOX Factory, Inc. v.

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SRAM, LLC related cases 3:16-cv-00506-WHO and 5:16-cv-03716-WHO will be held before the

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2:00 p.m.
8/23/2016
Honorable William H. Orrick on ______________ at __________ in Courtroom 2, 17th Floor, 450

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Golden Gate Avenue, San Francisco, CA 94102. Counsel for the parties are ORDERED to file a

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Joint Case Management Conference Statement at least seven days before the conference.

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IT IS SO ORDERED.

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July 29, 2016
Dated: ____________________

_____________________________
The Honorable William H. Orrick
United States District Judge
Northern District of California

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JOINT STIPULATION AND ORDER
Case No. 3:16-cv-00506-WHO