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

Filing 87

STIPULATION AND ORDER re 84 re 78 Answer to Amended Complaint, Counterclaim Extending Time For Fitbit To Respond filed by Fitbit, Inc. Signed by Judge Edward M. Chen on 6/13/17. (bpfS, COURT STAFF) (Filed on 6/13/2017)

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 ELLEN P. LIU (State Bar No. 280459)
Email:
[e-mail]
4 SIDEMAN & BANCROFT LLP
One Embarcadero Center, Twenty-Second Floor
5 San Francisco, California 94111-3711
Telephone:
[phone]
[phone]
6 Facsimile:
7 Attorneys for Plaintiff
FITBIT, INC.
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UNITED STATES DISTRICT COURT

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

LAW OFFICES

SIDEMAN & BANCROFT LLP

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NORTHERN DISTRICT OF CALIFORNIA

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

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Case No. 3:17-cv-00079-EMC

v.

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

STIPULATION AND [PROPOSED]
ORDER TO EXTEND TIME FOR FITBIT
TO RESPOND TO CALI’S ANSWER AND
COUNTERCLAIMS
Judge: Honorable Edward M. Chen
Dept.: Courtroom 5, 17th Floor

Defendants.

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CALI RESOURCES, INC., a California
19 Corporation,
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Counterclaimant,
v.

22 FITBIT, INC., a Delaware Corporation,
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Counter-Defendant.

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9461-10\3281837

Case No. 3:17-cv-00079-EMC
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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR FITBIT TO RESPOND

Pursuant to Civil Local Rule 6-1, Plaintiff and Counter-Defendant Fitbit, Inc. (“Fitbit”) and

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2 Defendant and Counterclaimant Cali Resources and Defendant Carlos Kelvin (together, “Cali” and
3 collectively with Fitbit, the “Parties”), by and through their respective counsel of record, hereby
4 stipulate as follows:
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WHEREAS, Cali filed its Answer and Counterclaims, Dkt No. 87, on May 9, 2017;

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WHEREAS, Fitbit currently has until June 13, 2017 to answer, move, or otherwise respond

7 to Cali’s Answer and Counterclaims, and currently plans to file a Motion to Strike and/or Dismiss;
WHEREAS, given the anticipated amendment of the First Amended Complaint, which is

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10 to the Second Amended Complaint that will supersede its current Answer and Counterclaims, Dkt
ONE EMBARCADERO CENTER, 22ND FLOOR
SAN FRANCISCO, CALIFORNIA 94111-3711

LAW OFFICES

SIDEMAN & BANCROFT LLP

9 due to be filed by Fitbit on or before July 14, 2017, and that Cali will then file an updated response

11 No. 87;
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WHEREAS, following the case management conference today, Fitbit and Cali have further

13 met and conferred regarding Cali’s Answer and Counterclaims and Fitbit’s response, and would
14 like to continue that meet and confer process;
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WHEREAS, Fitbit similarly expects to meet and confer with Defendants Laguna 2, LLC

16 and Joel Blank regarding their anticipated response to the Second Amended Complaint and any
17 potential counterclaims;
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WHEREAS, the Parties wish to avoid potentially unnecessary motion practice, given that

19 the superseding response from Cali may affect and possibly moot some of the bases for Fitbit’s
20 planned Motion to Strike and/or Dismiss; and,
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WHEREAS, extending the deadline for Fitbit to respond to Cali’s answer and/or

22 counterclaims until 14 days after Cali files its upcoming response to Fitbit’s Second Amended
23 Complaint will not alter the date of any event or any deadline already fixed by Court order.
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NOW, THEREFORE, IT IS HEREBY STIPULATED, by and between the Parties,

25 through their respective counsel of record, that Fitbit’s deadline to respond to any answer or
26 counterclaims filed by Cali shall be extended and shall now be due 14 days after Cali files its
27 response to Fitbit’s Second Amended Complaint.
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9461-10\3281837

Case No. 3:17-cv-00079-EMC
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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR FITBIT TO RESPOND

1 IT IS SO STIPULATED.
2 DATED: June 8, 2017

SIDEMAN & BANCROFT LLP

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By:

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DATED: June 8, 2017

/s/ Zachary J. Alinder
Zachary J. Alinder
SIDEMAN & BANCROFT LLP

Attorneys for Plaintiff and Counter-Defendant
FITBIT, INC.
ONE LLP
By:

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/s/ Stephen M. Lobbin
Stephen M. Lobbin
ONE LLP
Attorneys for Defendant and Counterclaimant
CALI RESOURCES and Defendant
CARLOS KELVIN

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14 PURSUANT TO STIPULATION, IT IS SO ORDERED.
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S

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6/13/17

18 Dated:

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United States District Judge

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

LAW OFFICES

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SIDEMAN & BANCROFT LLP

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Case No. 3:17-cv-00079-EMC
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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR FITBIT TO RESPOND

1

ECF ATTESTATION

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I, Zachary J. Alinder, attest that concurrence in e-filing this STIPULATION AND

3 [PROPOSED] ORDER TO EXTEND TIME FOR FITBIT TO RESPOND TO CALI’S
4 ANSWER AND COUNTERCLAIMS has been obtained from the signatories above, in
5 compliance with Civil L.R. 5.1.
6
7 DATED: June 8, 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 and Counter-Defendant
FITBIT, INC.

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9461-10\3281837

Case No. 3:17-cv-00079-EMC
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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR FITBIT TO RESPOND