Fitbit, Inc. v. Laguna 2, LLC et al

Filing 109

STIPULATION AND ORDER re 108 Joint Stipulated Request and Proposed Order to Briefly Extend Deadline For Settlement Conference filed by Fitbit, Inc. Status Report due by 11/14/2017. Status Conference reset from 11/9/2017 to 11/21/2017 10:30 AM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Signed by Judge Edward M. Chen on 9/8/17. (bpfS, COURT STAFF) (Filed on 9/8/2017)

ONE EMBARCADERO CENTER, 22ND FLOOR
SAN FRANCISCO, CALIFORNIA 94111-3711

LAW OFFICES

JASON R. BARTLETT (State Bar No. 214530)
[e-mail]
MARC J. PERNICK (State Bar No. 160591)
[e-mail]
MAURIEL KAPOUYTIAN WOODS LLP
275 Battery Street, Suite 480 San Francisco,
California 94111 Telephone: [phone]
Facsimile: 415-738-2315

6 Attorneys for Plaintiff
FITBIT, INC.
7

SIDEMAN & BANCROFT LLP

1 JEFFREY C. HALLAM (State Bar No. 161259)
E-Mail:
[e-mail]
2 ZACHARY J. ALINDER (State Bar No. 209009)
E-Mail:
[e-mail]
3 SIDEMAN & BANCROFT LLP
One Embarcadero Center, Twenty-Second Floor
4 San Francisco, California 94111-3711
Telephone:
[phone]
[phone]
5 Facsimile:

SHERMAN W. KAHN (State Bar No. 168924)
[e-mail]
15 W. 26th Street, 7th Floor
New York, NY 10010
Telephone: [phone] Facsimile: 212-5295132

8 Stephen M. Lobbin (SBN 181195)
[e-mail]
9 ONE LLP
4000 MacArthur Boulevard
10 East Tower, Suite 500
Newport Beach, California 92660
11 Tel: [phone]
Fax: [phone]
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Attorneys for Defendants
13 Cali Resources, Inc., Carlos Kelvin, and Great
Value LLC
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Attorneys for Defendants
LAGUNA 2, LLC, and
JOEL BLANK

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

17 FITBIT, INC., a Delaware Corporation,
Plaintiff,

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v.

20 LAGUNA 2, LLC, et al.,
Defendants.

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Case No. 3:17-cv-00079 EMC (EDL)
JOINT STIPULATED REQUEST AND
[PROPOSED] ORDER TO BRIEFLY
EXTEND SETTLEMENT CONFERENCE
DEADLINE PURSUANT TO CIV. L.R. 61(B) AND 6-2 and resetting status
conference

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9461-10\3359801

Case No. 3:17-cv-00079-EMC (EDL)

JOINT STIPULATED REQUEST AND ORDER TO EXTEND
SETTLEMENT CONFERENCE DEADLINE

Pursuant to Civil L.R. Rules 6-1(b) and 6-2 and the Court’s Case Management Order, Dkt.

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2 No. 86, Plaintiff Fitbit, Inc. (“Fitbit”) and Defendants Cali Resources, Inc., Carlos Kelvin, and
3 Great Value, LLC (together “Cali”), as well as Defendants Laguna 2, LLC and Joel Blank
4 (together “L2,” and collectively with Cali and Fitbit, the “Parties”) hereby respectfully submit the
5 following joint stipulated request and proposed order, requesting that the Court briefly extend the
6 deadline for the Parties to hold the settlement conference for good cause set forth in more detail
7 below. The Parties have also concurrently filed the Declaration of Zachary Alinder in Support of
8 this Stipulation and Proposed Order (“Alinder Decl.), as required by Civ. L.R. 6-2(a).
PRELIMINARY STATEMENT RE STIPULATED REQUEST FOR EXTENSION
Through this joint stipulated request, pursuant to Civ. L.R. Rule 6-1(b) and 6-2, the Parties

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ONE EMBARCADERO CENTER, 22ND FLOOR
SAN FRANCISCO, CALIFORNIA 94111-3711

LAW OFFICES

SIDEMAN & BANCROFT LLP

9 I.

11 respectfully request that the Court briefly extend the deadline for the Parties to complete a
12 settlement conference to November 8, 2017. For the reasons set forth below, the Parties stipulate
13 that this brief extension would enable the Parties to schedule a later conference, in which all
14 defendants can participate, but which will still conclude before the next case management
15 conference scheduled before the Court on November 9. In addition, the Parties have not
16 previously requested any extension of the deadline to complete the settlement conference in this
17 Action. Accordingly, the Parties stipulate and respectfully submit that good cause exists here for
18 the requested extension because it would further the goals of the Court’s ADR processes and also
19 help conserve the resources and time of the Court and the Parties, while still preserving the
20 broader case management schedule set by the Court in its Case Management Order, Dkt. No. 86.
21 II.

RELEVANT BACKGROUND

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On June 8, 2017, the Court held a case management conference in the above captioned

23 case. (Dkt. No. 85.) In the Case Management Order issued following the conference, the Court
24 set a deadline of October 13, 2017 to complete a settlement conference and set a further status
25 conference for November 9, 2017. (Dkt. No. 86.)
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Subsequently Magistrate Judge Laporte issued an order setting a settlement conference for

27 September 20, 2017. (Dkt. No 89.)
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9461-10\3359801

Case No. 3:17-cv-00079-EMC (EDL)
1
JOINT STIPULATED REQUEST AND ORDER TO EXTEND
SETTLEMENT CONFERENCE DEADLINE

On July 21, 2017, Fitbit filed a Second Amended Complaint. (Dkt. No. 92.) The Second

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2 Amended Complaint added eleven new defendants to the suit. On August 21, 2017, Defendants
3 L2 and Cali moved to dismiss. (Dkt. Nos. 99, 101.) The hearing on those motions is currently
4 scheduled for September 28, 2017, which is eight days after the currently scheduled settlement
5 conference.
While Fitbit has served new defendants, they have not yet appeared or responded to the

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7 Second Amended Complaint. (Dkt. Nos. 102-06.) It is unclear if they intend to participate in the
8 settlement conference currently scheduled for September 20, 2017.
GOOD CAUSE EXISTS FOR THE COURT TO BRIEFLY EXTEND THE

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ONE EMBARCADERO CENTER, 22ND FLOOR
SAN FRANCISCO, CALIFORNIA 94111-3711

LAW OFFICES

SIDEMAN & BANCROFT LLP

9 III.

DEADLINE TO HOLD THE SETTLEMENT CONFERENCE

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L2 and Fitbit have previously attended two settlement conferences related to this dispute,

12 which were conducted in the District of New Jersey. Cali was represented and participated in the
13 second conference. Based on that experience, the Parties have conferred and agree that the next
14 settlement conference is substantially more likely to be fruitful if conducted after: (1) the hearing
15 on Defendants’ pending motions to dismiss (set for September 28, 2017), and (2) the remaining
16 Defendants have appeared and confirm they can participate.
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However, the Parties have met and conferred and have been unable to identify a suitable

18 date before the October 13, 2017 deadline that is available to Judge Laporte and to all Parties. In
19 addition, due to a trial scheduled in late October and other commitments, Cali is unavailable to
20 conduct a settlement conference during the weeks of October 9, 16, and 23. Finally, it is unclear
21 whether the newly-added Defendants are available for, and would appear, in any event for the
22 currently-scheduled September 20, 2017 settlement conference date, since they have not appeared
23 in the case at this point. In addition, the Parties have submitted a declaration in support, setting
24 forth the items required by Civil L.R. 6-2(a)(1)-(3), by concurrently filing the Alinder Decl.
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Accordingly, the Parties hereby stipulate and respectfully request that the Court reset the

26 deadline for completing a settlement conference to November 8, 2017. This deadline would
27 enable the Parties to schedule a later conference in which all defendants can participate, but which
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9461-10\3359801

Case No. 3:17-cv-00079-EMC (EDL)
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JOINT STIPULATED REQUEST AND ORDER TO EXTEND
SETTLEMENT CONFERENCE DEADLINE

1 will still conclude before the next case management conference scheduled before the Court on
2 November 9. As such, the Parties stipulate and agree that there is good cause to grant the
3 requested extension, as it would further the goals of ADR here and also help conserve the
4 resources and time of the Court and the Parties.
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6 IT IS SO STIPULATED pursuant to Civ. L.R. 6-1(b) and 6-2.
7 DATED: September 6, 2017

SIDEMAN & BANCROFT LLP

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By:

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ONE EMBARCADERO CENTER, 22ND FLOOR
SAN FRANCISCO, CALIFORNIA 94111-3711

LAW OFFICES

SIDEMAN & BANCROFT LLP

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/s/ Zachary J. Alinder
Zachary J. Alinder
SIDEMAN & BANCROFT LLP
Attorneys for Plaintiff
FITBIT, INC.

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12 DATED: September 6, 2017
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MAURIEL KAPOUYTIAN WOODS LLP
By:

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/s/ Jason R. Bartlett
Jason R. Bartlett
Mauriel Kapouytian Woods LLP

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Attorneys for Defendants
LAGUNA 2, LLC and JOEL BLANK

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DATED: September 6, 2017

ONE LLP

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By:

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/s/ Stephen M. Lobbin
Stephen M. Lobbin
One LLP

Attorneys for Defendants
CALI RESOURCES, INC. and CARLOS KELVIN
and GREAT VALUE, LLC

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9461-10\3359801

Case No. 3:17-cv-00079-EMC (EDL)
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JOINT STIPULATED REQUEST AND ORDER TO EXTEND
SETTLEMENT CONFERENCE DEADLINE

1

ORDER

2 PURSUANT TO STIPULATION, the deadline for the Parties to complete the settlement
3 conference shall be extended from October 13, 2017 to November 8, 2017. IT IS SO
4 ORDERED.

Status conference is reset from 11/9/2017 to

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Tuesday 11/21/2017 at 10:30 a.m.

An updated joint

status report shall be filed by 11/14/2017.
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ONE EMBARCADERO CENTER, 22ND FLOOR
SAN FRANCISCO, CALIFORNIA 94111-3711

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RT

LAW OFFICES

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EDWARD M. CHEN
ED
United States District Judge
ORDER

NO

SIDEMAN & BANCROFT LLP

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9/8/2017

RT
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8 Dated:

S DISTRICT
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Case No. 3:17-cv-00079-EMC (EDL)
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JOINT STIPULATED REQUEST AND ORDER TO EXTEND
SETTLEMENT CONFERENCE DEADLINE

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ECF ATTESTATION

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I, Zachary J. Alinder, attest that concurrence in e-filing this JOINT STIPULATED

3 REQUEST AND [PROPOSED] ORDER TO BRIEFLY EXTEND SETTLEMENT
4 CONFERENCE DEADLINE PURSUANT TO CIV. L.R. 6-1(B) AND 6-2 has been obtained
5 from the signatories above, in compliance with Civil L.R. 5.1.
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7 DATED: September 6, 2017

SIDEMAN & BANCROFT LLP

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By:

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ONE EMBARCADERO CENTER, 22ND FLOOR
SAN FRANCISCO, CALIFORNIA 94111-3711

LAW OFFICES

SIDEMAN & BANCROFT LLP

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/s/ Zachary J. Alinder
Zachary J. Alinder
SIDEMAN & BANCROFT LLP
Attorneys for Plaintiff
FITBIT, INC.

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Case No. 3:17-cv-00079-EMC (EDL)
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JOINT STIPULATED REQUEST AND ORDER TO EXTEND
SETTLEMENT CONFERENCE DEADLINE