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

Filing 56

STIPULATION AND ORDER re 54 RE ENTRY OF PRELIMINARY INJUNCTION AS TO DEFENDANT CALI RESOURCES filed by Fitbit, Inc. Signed by Judge Edward M. Chen on 3/1/17. (bpfS, COURT STAFF) (Filed on 3/1/2017)

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 PETER M. COLOSI (State Bar No. 252951)
E-Mail:
[e-mail]
4 REBECCA K. FELSENTHAL (State Bar No. 303476)
E-Mail:
[e-mail]
5 SIDEMAN & BANCROFT LLP
One Embarcadero Center, Twenty-Second Floor
6 San Francisco, California 94111-3711
Telephone:
[phone]
7 Facsimile:
[phone]

10
ONE EMBARCADERO CENTER, 22ND FLOOR
SAN FRANCISCO, CALIFORNIA 94111-3711

LAW OFFICES

SIDEMAN & BANCROFT LLP

8 Attorneys for Plaintiff
FITBIT, INC.
9
UNITED STATES DISTRICT COURT

11

NORTHERN DISTRICT OF CALIFORNIA

12
13 FITBIT, INC., a Delaware Corporation,
14
15

Case No. 3:17-cv-00079 EMC

Plaintiff,
v.

16 LAGUNA 2, LLC, a New Jersey Limited
Liability Company; JOEL BLANK, an
17 individual; CALI RESOURCES, INC., a
California Corporation; CARLOS KELVIN,
18 an individual; and DOES 3-30, inclusive,
19

STIPULATION AND [PROPOSED]
ORDER RE ENTRY OF PRELIMINARY
INJUNCTION AS TO DEFENDANT CALI
RESOURCES

Defendants.

20
21
22
23
24
25
26
27
28
9461-10\3186858

Case No. 3:17-cv-00079 EMC

STIPULATION AND ORDER RE ENTRY OF PRELIMINARY INJUNCTION

1

Plaintiff Fitbit, Inc. (“Fitbit”) and Defendant Cali Resources, Inc. (“Defendant Cali

2 Resources,” and together with Fitbit, the “Parties”), by and through their counsel of record, hereby
3 stipulate, and request that the Court order, as follows.
4
5

STIPULATION
WHEREAS, the Court in the above-captioned Action entered a temporary restraining order

6 (“TRO”) against Defendants Laguna 2, LLC and Joel Blank (the “L2 Defendants”) on January 18,
7 2017 (Dkt. No. 24), which was expanded, as set forth in the Court’s Civil Minutes dated February
8 2, 2017 (Dkt. No. 41);
WHEREAS, among other things, the additional terms of the TRO required “that any sale

10 of goods in question must be screened by Fitbit first; no re-sale during time of TRO if the items
ONE EMBARCADERO CENTER, 22ND FLOOR
SAN FRANCISCO, CALIFORNIA 94111-3711

LAW OFFICES

SIDEMAN & BANCROFT LLP

9

11 had previously been designated as scrap, nor shall any counterfeit charging cable be sold by
12 Laguna 2. Fitbit shall expeditiously review any merchandise Laguna 2 seeks to clear. Fitbit shall
13 provide Laguna 2 with documentation of such.” Dkt. No. 41;
14

WHEREAS, following a further hearing, the Court in the above-captioned Action entered

15 an order, converting “the TRO previously issued (including the expanded scope) into a
16 preliminary injunction” against the L2 Defendants on February 24, 2017 (the “February 24th
17 Order”). Dkt. No. 52;
18

WHEREAS, in the February 24th Order, the Court set a briefing and hearing schedule for

19 Fitbit to move to extend the coverage of the preliminary injunctive relief to also apply to
20 Defendant Cali Resources;
21

WHEREAS, Defendant Cali Resources represents that it has no current inventory of Fitbit

22 products (with the exception of certain items in possession of U.S. Customs, as discussed by the
23 Parties), and is therefore prepared to stipulate to the entry of the same preliminary injunctive relief
24 as the Court ordered against the L2 Defendants in the February 24th Order; and,
25

WHEREAS, the Parties agree that it is preferable to focus their time and resources

26 discussing the possibility of an early resolution rather than on motion practice.
27

Accordingly, the Parties, by and through their counsel, hereby STIPULATE as follows:

28

1. Defendant Cali Resources has no objection to the Court extending the preliminary
9461-10\3186858

Case No. 3:17-cv-00079 EMC
1
STIPULATION AND ORDER RE ENTRY OF PRELIMINARY INJUNCTION

1 injunctive relief entered against the L2 Defendants in the February 24th Order, Dkt. No. 52, to
2 cover and apply equally to Defendant Cali Resources;
2. The Parties therefore jointly request that the Court enter this stipulated order,

3

4 expanding the scope of the preliminary injunctive relief in the February 24th Order, Dkt. No. 52,
5 to cover and apply equally to Defendant Cali Resources; and,
3. The Parties enter this stipulation reserving all rights, and without prejudice to the

6

7 rights, of the Parties to make any further motion, request or application to the Court as necessary
8 to add, subtract, modify, or change any of the terms described above, for good cause shown.

10 DATED: February 28, 2017

SIDEMAN & BANCROFT LLP

11

By:

/s/ Zachary J. Alinder
Zachary J. Alinder
Attorneys for Plaintiff
FITBIT, INC.

12
13
14

DATED: February 28, 2017

ONE LLP

15
By:

16
17

/s/ Stephen M. Lobbin
Stephen M. Lobbin
Attorneys for Defendants
CALI RESOURCES and CARLOS KELVIN

18
19

S DISTRIC

T

RT
U
O

S

E
TC
20 PURSUANT TO STIPULATION, IT IS SO ORDERED. This order also disposes of the
AT
21 motion set to be heard at 10:30 a.m. on March 29, 2017, and therefore, the hearing shall be taken

RT

March 1, 2017

25 Dated:

27

R NIA

dwa
Judge E

EDWARD M. CHEN
EUnited States District Judge
C
RN
F
D IS T IC T O
R

H

26

hen

rd M. C

NO

24

I

ERED

FO

23

ORD
T IS SO

LI

22 off calendar.

A

UNIT
ED

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

LAW OFFICES

SIDEMAN & BANCROFT LLP

9 IT IS SO STIPULATED.

28
9461-10\3186858

Case No. 3:17-cv-00079 EMC
2
STIPULATION AND ORDER RE ENTRY OF PRELIMINARY INJUNCTION

1
2

ATTESTATION OF CONCURRENCE
I hereby attest pursuant to Civil Local Rule 5-1(i)(3) that concurrence in the electronic

3 filing of this document has been obtained from the other signatory.
4
5 DATED: February 28, 2017

SIDEMAN & BANCROFT, LLP

6
By:
7

/s/ Zachary J. Alinder
Zachary J. Alinder, Esq.

8

10
ONE EMBARCADERO CENTER, 22ND FLOOR
SAN FRANCISCO, CALIFORNIA 94111-3711

LAW OFFICES

SIDEMAN & BANCROFT LLP

9

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
9461-10\3186858

Case No. 3:17-cv-00079 EMC
3
STIPULATION AND ORDER RE ENTRY OF PRELIMINARY INJUNCTION