Lagree Technologies, Inc. et al v. Spartacus 20th L.P. et al

Filing 149

STIPULATION AND ORDER re 148 STIPULATION WITH PROPOSED ORDER to Extend Time for Final Disposition under Paragraph 15 of the Governing Patent Rule 2-2 Interim Model Protective Order filed by Maximum Fitness Incorporated, Sebastien Lagree, Lagree Technologies, Inc., Lagree Fitness, Inc. Signed by Judge Jon S. Tigar on March 12, 2018. (wsn, COURT STAFF) (Filed on 3/12/2018)

William A. Delgado (Bar No. 222666)
[e-mail]
WILLENKEN WILSON LOH & DELGADO LLP
707 Wilshire Blvd., Suite 3850
Los Angeles, California 90017
Telephone: [phone]
Facsimile: [phone]
Chad E. Ziegler (Admitted Pro Hac Vice)
[e-mail]
Edward K. Runyan (Admitted Pro Hac Vice)
[e-mail]
Michelle G. Breit (Bar No. 133143)
[e-mail]
NEUSTEL LAW OFFICES, LTD
2534 South University Drive, Suite 4
Fargo, North Dakota 58103
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs and Counterclaim Defendants
LAGREE TECHNOLOGIES, INC., LAGREE FITNESS, INC.,
MAXIMUM FITNESS INCORPORATED, SEBASTIEN LAGREE and SPX FITNESS, INC.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

LAGREE TECHNOLOGIES, INC.,
LAGREE FITNESS, INC., MAXIMUM
FITNESS INCORPORATED, AND
SEBASTIEN LAGREE,
Plaintiffs,
v.
SPARTACUS 20TH L.P., SPARTACUS
20TH G.P., INC., PHILIP R. PALUMBO,
JAKOB IRION, BODYROK
FRANCHISE, L.P., BODYROK
FRANCHISE G.P., INC., EXERCISE
TECHNOLOGIES, L.P., BODYROK
MARINA, LP., SCULPT FITNESS
BERKELEY, LLC, AND DOES 1
THROUGH 10, INCLUSIVE,
Defendants.

CASE NO.: 3:17-CV-00795-JST

PARTIES’ STIPULATION TO EXTEND
TIME FOR FINAL DISPOSITION UNDER
PARAGRAPH 15 OF THE GOVERNING
PATENT LOCAL RULE 2-2 INTERIM
MODEL PROTECTIVE ORDER AND
[PROPOSED] ORDER

SPARTACUS 20TH L.P., SPARTACUS
20TH G.P., INC., PHILIP R. PALUMBO,
JAKOB IRION, BODYROK
FRANCHISE, L.P., BODYROK
FRANCHISE G.P., INC., EXERCISE
TECHNOLOGIES, L.P., BODYROK
MARINA, LP., SCULPT FITNESS
BERKELEY, LLC, AND SPARTACUS
LOMBARD, L.P.,
Counterclaim Plaintiffs,
v.
LAGREE TECHNOLOGIES, INC.,
LAGREE FITNESS, INC., MAXIMUM
FITNESS INCORPORATED, AND
SEBASTIEN LAGREE, SPX FITNESS,
INC., AND ROES 1-10, INCLUSIVE
Counterclaim Defendants.

TO THE HONORABLE JON S. TIGAR AND THE CLERK OF THE COURT:
Pursuant to Rule 6-1(b) of the Civil Local Rules (L.R.), Plaintiffs and Counterclaim
Defendants LAGREE TECHNOLOGIES, INC., LAGREE FITNESS, INC., MAXIMUM
FITNESS INCORPORATED, SEBASTIEN LAGREE, and SPX FITNESS, INC. (“Plaintiffs”),
and Defendants and Counterclaim Plaintiffs SPARTACUS 20TH L.P., SPARTACUS 20TH G.P.,
INC., PHILIP P. PALUMBO, JAKOB IRION, BODYROK FRANCHISE, L.P., BODYROK
FRANCHISE G.P., INC., EXERCISE TECHNOLOGIES, L.P., BODYROK MARINA, L.P.,
SCULPT FITNESS BERKELEY, LLC, and SPARTACUS LOMBARD, L.P. (“Defendants”)
(hereinafter collectively the “Parties”), stipulate as follows:
WHEREAS, an Order granting the Parties’ Stipulation of Dismissal was entered on
January 12, 2018. (D.N. 147.)
WHEREAS, according to paragraph 15 of the governing Patent Local Rule 2-2 Interim
Model Protective Order (“Protective Order”), “[w]ithin 60 days after [entry of the Order granting

the Parties’ Stipulation of Dismissal], each Receiving Party must return all Protected Material to
the Producing Party or destroy such material.” (See Protective Order, generally)
WHEREAS, the current deadline under paragraph 15 of the Protective Order is therefore
March 13, 2018.
WHEREAS, the Parties have been and are presently in discussions over the preservation
and disposition of certain materials, including electronic devices and ESI, that were produced by
a third party individual, Ronald A. Shafii (“Shafii”), subject to a subpoena on third party Fitness
Armada, Inc (collectively referred to herein as “Shafii Documents”).
WHEREAS, relevant to the preservation and disposition of the Shafii Documents,
Defendants have received litigation hold letters regarding these specific Shafii Documents from
more than one third-party.
WHEREAS, the Parties are also in discussions with Shaffi regarding the Shafii
Documents.
WHEREAS, the Parties require additional time to continue their efforts to reach an
agreement over the preservation and disposition of such materials.
WHEREAS, based on the foregoing, the Parties have stipulated to a forty-five (45) day
extension of time to comply with paragraph 15 of the Protective Order, which extends the
deadline from March 13, 2018, to Friday, April 27, 2018.
WHEREAS, prior to the dismissal of the case, the Parties have stipulated to two previous
time modifications for Plaintiffs to file their reply to the Motion to Dismiss. (Dkt. No. 85 and 96.)
WHEREAS, Plaintiffs were also granted one additional modification for Plaintiffs to file
their reply to the Motion to Dismiss. (Dkt. No. 94.)
WHEREAS, the Parties have stipulated to one previous time modification for Defendants
to seek leave to file a sur-reply to the Motion to Dismiss. (Dkt. No. 114.)

WHEREAS, the Parties have stipulated to four previous time modifications in connection
with responses to the Parties’ respective pleadings on April 11, 2017 (Dkt. No. 35), May 18, 2017
(Dkt. No. 51), June 14, 2017 (Dkt. No. 68), and July 20, 2017 (Dkt. No. 82).
WHEREAS, this stipulation will not alter the date of any other event or any deadline
already fixed by Court order, as this case has been dismissed.
NOW, THEREFORE, the Parties, by and through their respective counsel, hereby
stipulate and agree that the deadline for final disposition of Protected Material under the
Protective Order shall be April 27, 2018.
Dated: March 9, 2018

NEUSTEL LAW OFFICES, LTD
/s/ Chad E. Ziegler
Chad E. Ziegler (Pro Hac Vice)
Edward K. Runyan (Pro Hac Vice)
Michelle G. Breit (Bar No. 133143)
Attorneys for Plaintiffs and Counterdefendants, LAGREE TECHNOLOGIES,
INC., LAGREE FITNESS, INC.,
MAXIMUM FITNESS INCORPORATED,
SEBASTIEN LAGREE, and SPX FITNESS,
INC.

Dated: March 9, 2018

GORDON REES SCULLY
MANSUKHANI, LLP
/s/ Michael D. Kanach
Michael D. Kanach (SBN: 271215)
Kevin W. Alexander (SBN: 175204)
Attorneys for Defendants and Counterplaintiffs, SPARTACUS 20TH L.P.,
SPARTACUS 20TH G.P., INC.,
PHILIP R. PALUMBO,
JAKOB IRION,
BODYROK FRANCHISE, L.P.,
BODYROK FRANCHISE, G.P., INC.,
EXERCISE TECHNOLOGIES, L.P.,
BODYROK MARINA, LP.
SCULPT FITNESS BERKELEY, LLC, and
SPARTACUS LOMBARD, L.P.

PURSUANT TO STIPULATION, IT IS SO ORDERED.
March 12, 2018
DATED:_____________________

_______________________________
UNITED STATES DISTRICT JUDGE
Honorable Jon. S. Tigar

FILER’S ATTESTATION
I, Chad E. Ziegler, am an ECF user whose ID and password are being used to file this
CIVIL L.R. 6-1(b) PARTIES’ STIPULATION TO EXTEND TIME FOR FINAL DISPOSITION
UNDER PARAGRAPH 15 OF THE GOVERNING PATENT LOCAL RULE 2-2 INTERIM
MODEL PROTECTIVE ORDER AND [PROPOSED ORDER]. Plaintiffs’ counsel obtained
Defendants’ counsel’s authority prior to the filing of this document. In compliance with Civil
L.R. 5-1(i)(3), I hereby attest that counsel for the Defendants concur in this filing.

/s/ Chad E. Ziegler
Chad E. Ziegler