Shenzhen Big Mouth Technologies Co., Ltd. et al v. Factory Direct Wholesale, LLC

Filing 44

STIPULATION AND ORDER RE 43 to Continue Case Management Conference. Initial Case Management Conference previously set for May 26, 2022 is continued to July 28, 2022 at 10:00 AM in San Francisco, - Videoconference Only. Case Management Statement due by July 21, 2022. Signed by Chief Judge Richard Seeborg on 5/10/2022. (cl, COURT STAFF) (Filed on 5/10/2022)

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Morgan E. Smith (SBN 293503)
[e-mail]
Matthew Samet (SBN 311865)
[e-mail]
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP
3300 Hillview Avenue
Palo Alto, California 94304
Telephone: [phone]
Facsimile:
[phone]

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B. Brett Heavner (pro hac vice)
[e-mail]
Jonathan Uffelman (pro hac vice)
[e-mail]
Yinfei Wu (pro hac vice)
[e-mail]
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP
901 New York Avenue NW
Washington, DC 20001
Telephone: [phone]
Facsimile:
[phone]

Elizabeth G. Borland (pro hac vice)
[e-mail]
SMITH, GAMBRELL & RUSSELL, LLP
1105 W. Peachtree Street, #1000
Atlanta, GA 30309
Tel. [phone]
Gregg A. Rapoport (SBN 136941)
[e-mail]
SMITH, GAMBRELL & RUSSELL, LLP
444 South Flower Street, Ste. 1700
Los Angeles, CA 90071-2901
Tel. [phone]; Fax [phone]
Richard D. Rivera (pro hac vice)
[e-mail]
SMITH, GAMBRELL & RUSSELL, LLP
500 N. Laura Street, Suite 2600
Jacksonville, FL 32202
Tel. [phone]
Attorneys for Defendant and Counterclaim
Plaintiff Factory Direct Wholesale, LLC

Attorneys for Plaintiffs and Counterclaim
Defendants Shenzhen Big Mouth Technologies
Co., Ltd. and Decai (Tony) Fu

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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SHENZHEN BIG MOUTH TECHNOLOGIES
CO., LTD. and DECAI (TONY) FU,

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Plaintiffs, and
Counterclaim Defendants,

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CASE NO. 3:21-cv-09545-RS
JOINT STIPULATION TO CONTINUE
CASE MANAGEMENT
CONFERENCE; ORDER

v.
FACTORY DIRECT WHOLESALE, LLC,
Defendant and
Counterclaim Plaintiff.

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JOINT STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE;
ORDER
CASE NO. 3:21-CV-09545-RS

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JOINT STIPULATION

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WHEREAS, on April 28, 2022, Plaintiffs and Counterclaim Defendants Shenzhen Big

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Mouth Technologies Co., Ltd. and Decai (Tony) Fu (together, “Plaintiffs”) filed a motion for

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judgment on the pleadings as to Count I of Plaintiffs’ Complaint (Non-Violation of the Anti-

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Cybersquatting Consumer Protection Act) pursuant to Federal Rule of Civil Procedure 12(c) (the

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“Motion”), and scheduled the hearing for June 16, 2022.

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WHEREAS, the Case Management Conference is set for May 26, 2022, before the hearing on the
Motion.
WHEREAS, Plaintiff and Defendant and Counterclaim Plaintiff Factory Direct Wholesale,

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LLC (“Defendant”) are currently engaged in settlement discussions regarding the Plaintiff’s

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Complaint and Defendant’s Amended Answer and Counterclaims.

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WHEREAS, subject to the Court’s approval, the parties agree that because certain pleadings

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may be dismissed or amended following the hearing on the Motion on June 16, 2022, and the parties

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are currently engaged in settlement discussions, (1) the Case Management Conference should be

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continued by at least thirty (30) days after the Court’s ruling on the Motion and (2) the associated

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deadlines to file a joint case management statement and serve initial disclosures should be continued

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to seven (7) days before the continued Case Management Conference.

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THEREFORE, the parties, through their respective counsel, hereby stipulate:

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1.

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The Case Management Conference is continued to at least thirty (30) days after the

Court’s ruling on the Motion; and
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The deadline to file a joint case management statement and serve initial disclosures is

continued to seven (7) days before the continued Case Management Conference.

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Respectfully submitted,
Dated: May 10, 2022

FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP

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By:
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/s/ Matthew Samet
Matthew Samet
Attorneys for Plaintiffs and Counterclaim
Defendants Shenzhen Big Mouth Technologies Co.,
Ltd. and Decai (Tony) Fu

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JOINT STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE;
ORDER
CASE NO. 3:21-CV-09545-RS

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Dated: May 10, 2022

SMITH, GAMBRELL & RUSSELL, LLP

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By:
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/s/ Gregg A. Rapoport
Gregg A. Rapoport
Attorneys for Defendant and Counterclaimant
Factory Direct Wholesale, LLC

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JOINT STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE;
ORDER
CASE NO. 3:21-CV-09545-RS

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ATTESTATION

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Counsel for Plaintiffs and Counterclaim Defendants Shenzhen Big Mouth Technologies Co.,

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Ltd. and Decai (Tony) Fu hereby attests by his signature below that concurrence in the filing of this

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document was obtained from counsel for Defendant and Counterclaim Plaintiff Factory Direct

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Wholesale, LLC.

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Dated: May 10, 2022

FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP

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By:

/s/ Matthew Samet
Matthew Samet
Attorneys for Plaintiffs and Counterclaim
Defendants Shenzhen Big Mouth Technologies Co.,
Ltd. and Decai (Tony) Fu

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JOINT STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE;
ORDER
CASE NO. 3:21-CV-09545-RS

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED that:

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1.

July 28,
The Case Management Conference is continued to _________________, 2022.

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2.

The deadlines to file a joint case management statement and serve initial disclosures

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July 21
are continued to ______________, 2022.

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Dated: _____________________
May 10, 2022

___________________________
Hon. Richard Seeborg
Chief U.S. District Judge

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JOINT STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE;
[PROPOSED] ORDER
CASE NO. 3:21-CV-09545-RS