Fox Factory, Inc. v. SRAM, LLC

Filing 53

ORDER granting 52 STIPULATION to Amend the Case Schedule. Deadline to Amend/Add Parties: 7/21/2017. Close of Fact Discovery: 12/20/2017. Dispositive Motion to be heard by 5/30/2018. Tutorial Hearing set for 9/22/2017 09:00 AM and Claims Construc tion Hearing set for 9/29/2017 09:00 AM. Pretrial Conference set for 8/13/2018 02:00 PM and Jury Trial set for 9/10/2018 08:30 AM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. in Courtroom 2, 17th Floor, San Francisco. Signed by Judge William H. Orrick on 03/22/2017. (jmdS, COURT STAFF) (Filed on 3/22/2017)

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SHARTSIS FRIESE LLP
ERICK C. HOWARD (Bar #214107)
[e-mail]
One Maritime Plaza, Eighteenth Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
LEWIS RICE LLC
Richard B. Walsh, Jr.
[e-mail]
Michael J. Hickey
[e-mail]
Sarah A. Milunski
[e-mail]
Michael H. Durbin
[e-mail]
600 Washington Avenue, Suite 2500
St. Louis, MO 63101
Telephone: [phone]
Facsimile: [phone]

Robert F. McCauley (Bar #162056)
[e-mail]
Jeffrey D. Smyth (Bar # 280665)
[e-mail]
Christopher B. McKinley (Bar #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.

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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FOX FACTORY, INC.,
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Plaintiff,
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Related Case Nos.
3:16-CV-00506-WHO AND
3:16-CV-03716-WHO

v.
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SRAM, LLC,
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Defendant.

JOINT STIPULATED REQUEST TO
AMEND THE CASE SCHEDULE;
ORDER

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Case Nos. 3:16-CV-03716-WHO
& 3:16-CV-00506-WHO

JOINT STIPULATED REQUEST
AND ORDER

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To accommodate the schedule of SRAM’s counsel, Plaintiff FOX Factory, Inc. (“FOX

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Factory”) and Defendant SRAM, LLC (“SRAM”) respectfully stipulate, with the Court’s

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permission, to continue certain dates in the Court’s case schedule as provided below.

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In response to the Court’s recent Order denying the parties’ prior proposed amended

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schedule and directing the parties to further meet and confer (Dkt. 50 in Case 3:16-cv-00506-WHO,

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at 4), counsel further met and conferred and jointly communicated with Ms. Davis by email

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regarding scheduling. The net result is that Ms. Davis has advised that the Court is available for

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tutorial and claim construction hearings on September 22 and 29, 2017, respectively, and these are

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the first dates offered by the Court that are also available to both parties. To accommodate this

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proposed change, and mindful of the Court’s requirement that there be at least three months between

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the dispositive motions hearing date and trial (id.), the parties respectfully propose the amended case

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schedule below.

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In view of the proposed continued dates for the tutorial and claim construction hearings, the

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parties’ proposal would extend various dates by generally corresponding amounts, including the

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dates for the close of fact discovery and the exchange of expert reports. The parties’ proposal would

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allow at least three months between the proposed date for hearings on dispositive motions and the

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first proposed trial date. In light of the proposed revised schedule, the parties also propose that each

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party have an additional week to file the opposition and reply claim construction briefs, which

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briefing would be complete more than three months before the proposed tutorial and claim

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construction hearing dates.

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More specifically, the parties stipulate and respectfully request that the Court modify the

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following dates in the case schedule as provided below (all other dates in the Court’s schedule to

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remain unchanged):

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Event
Deadline to Amend Pleadings
FOX Factory Opening Claim Construction
Brief
SRAM Responsive Brief
FOX Factory Reply Briefs
Tutorial Hearing
Claim Construction Hearing

Current Date
April 21, 2017
April 27, 2017
May 11, 2017
May 18, 2017
June 2, 2017
June 9, 2017

Proposed New Date
July 21, 2017
April 27, 2017
(same)
May 18, 2017
June 1, 2017
September 22, 2017
September 29, 2017

-1Case Nos. 3:16-CV-03716WHO & 3:16-CV-00506-WHO

JOINT STIPULATED REQUEST
AND ORDER

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Event
Close of Fact Discovery
Initial Expert Reports (on issues upon which
party bears burden of proof)
Rebuttal Expert Reports
Motion for Consolidation
Close of Expert Discovery
Last Day to File Dispositive Motions
Dispositive Motions heard by

Current Date
September 29, 2017

Proposed New Date
December 20, 2017

October 20, 2017

January 25, 2018

November 20, 2017
November 21, 2017
December 22, 2017
January 22, 2018
February 28, 2018

Pretrial Conference

April 30, 2018

Trial

May 29, 2018 and
June 25, 2018

February 26, 2018
January 31, 2018
March 30, 2018
April 25, 2018
May 30, 2018
August 16, 2018,
subject to the Court’s
availability
September and
October 2018,
approximately one
month apart and
subject to the Court’s
availability

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Respectfully submitted,

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DATED: March 17, 2017

SHARTSIS FRIESE LLP

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

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DATED: March 17, 2017

FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP

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By:
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/s/ Jeffrey D. Smyth
Jeffrey D. Smyth
Attorneys for Plaintiff
FOX Factory, Inc.

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-2Case Nos. 3:16-CV-03716WHO & 3:16-CV-00506-WHO

JOINT STIPULATED REQUEST
AND ORDER

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ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED, except as modified below:

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Pretrial Conference

April 30, 2018

Trial

May 29, 2018 and
June 25, 2018

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August 13, 2018
September 10, 2018
and November 5,
2018.

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Dated: March 22, 2017

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

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Case Nos. 3:16-CV-03716-WHO
& 3:16-CV-00506-WHO

JOINT STIPULATED REQUEST
AND ORDER