Fox Factory, Inc. et al v. Cane Creek Cycling Components, Inc.

Filing 12

ORDER by Judge Saundra Brown Armstrong Granting 11 Motion to Continue Plaintiffs' Administrative Request to Reschedule Case Management Conference. (ndr, COURT STAFF) (Filed on 11/8/2013)

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1 2 3 4 5 Robert F. McCauley (SBN 162056) robert.mccauley@finnegan.com Jeffrey D. Smyth (SBN 280665) jeffrey.smyth@finnegan.com FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP 3300 Hillview Avenue Palo Alto, California 94304 Tel: (650) 849-6600 Fax: (650) 849-6666 6 7 Attorneys for Plaintiffs Fox Factory, Inc., and Fox Factory Holding Corp. 8 9 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 OAKLAND DIVISION 13 14 FOX FACTORY, INC. and FOX FACTORY HOLDING, CORP., 15 Plaintiffs, 16 CASE NO. 4:13-cv-04061-SBA PLAINTIFFS’ ADMINISTRATIVE REQUEST TO RESCHEDULE CASE MANAGEMENT CONFERENCE; v. 17 18 CANE CREEK CYCLING COMPONENTS, INC., DECLARATION OF ROBERT F. MCCAULEY; [PROPOSED] ORDER 19 Defendant. 20 21 22 23 24 25 26 27 28 ADMIN. REQUEST TO RESCHEDULE CMC; [PROPOSED] ORDER CASE NO. 4:13-CV-04061-SBA 1 Plaintiffs Fox Factory, Inc. and Fox Factory Holding Corp. (“Fox”) respectfully request that 2 the Court reschedule the initial Case Management Conference (“CMC”) in this case, currently set for 3 November 27, 2013, at 3:00 p.m., to January 8, 2014, at a time convenient for the Court, or as soon 4 thereafter as is convenient for the Court. 5 Since the filing of the Complaint on August 30, 2013, the parties have actively engaged in 6 settlement discussions, and are continuing to engage in settlement discussions. Representatives from 7 the parties met in person on October 30, 2013, in North Carolina for settlement discussions. The 8 parties’ discussions have continued and remain ongoing. Deferring the CMC would provide the 9 parties additional time to attempt to resolve their dispute. In addition, lead counsel for Fox 10 scheduled a family vacation before the Court scheduled the November 27 CMC and will be on that 11 family vacation on November 27, 2013, the date of the currently scheduled CMC. 12 The proposed rescheduling of the CMC will not affect any other deadlines in this case. 13 Moreover, Defendant Cane Creek Cycling Components, Inc., (“Cane Creek”) was provided a 14 courtesy copy of the Summons and Complaint at or near the date of filing, as well as the Court’s 15 scheduling order, but has not yet been formally served while the parties are pursuing settlement 16 discussions. 17 18 19 20 For the above reasons, Fox respectfully requests that the currently scheduled CMC be postponed until at least January 8, 2014. SUPPORTING DECLARATION OF ROBERT F. McCAULEY I am an attorney licensed to practice before the courts of the State of California and in this 21 District. I am a member of the law firm of Finnegan, Henderson, Farabow, Garrett & Dunner LLP, 22 attorneys of record for Plaintiffs. All representations made above and in this Miscellaneous 23 Administrative Request are true to the best of my knowledge and belief. 24 The parties to this litigation have been actively engaged in settlement discussions, and held 25 an in-person meeting between their representatives in North Carolina on October 30, 2013. The 26 parties’ settlement discussions are continuing and ongoing. 27 28 1 ADMIN. REQUEST TO RESCHEDULE CMC; [PROPOSED] ORDER CASE NO. 4:13-CV-04061-SBA 1 I am lead counsel for Fox in the above captioned case. My family and I scheduled a family 2 vacation before the Court scheduled the November 27 CMC and will be on that family vacation on 3 November 27, 2013, the date of the currently scheduled CMC. 4 Fox sent a letter to Cane Creek enclosing a courtesy copy of the Complaint on the day the 5 Complaint was filed. On October 10, 2013, I sent a courtesy copy of the Court’s October 10, 2013 6 Order to Cane Creek’s outside counsel via email. 7 8 9 10 There have been no previous time modifications in this case and the proposed time modification will not affect any other deadlines in this case. By my signature below, I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Respectfully submitted, 11 12 Dated: November 7, 2013 FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP 13 14 15 16 By: /s/ Robert F. McCauley Robert F. McCauley Attorneys for Plaintiffs Fox Factory, Inc. and Fox Factory Holding Corp. 17 18 19 20 21 22 23 24 25 26 27 28 2 ADMIN. REQUEST TO RESCHEDULE CMC; [PROPOSED] ORDER CASE NO. 4:13-CV-04061-SBA 1 2 [PROPOSED] ORDER GOOD CAUSE APPEARING, it is hereby ordered that the telephonic Case Management 3 Conference is rescheduled for January 8, 2014, at ______ p.m. Plaintiffs’ counsel to set up the 3:30 4 conference call with all parties on the line and call chambers at (510) 637-3559. 5 6 7 11/8/2013 Dated: _________________________ ______________________________________ Saundra B. Armstrong United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 ADMIN. REQUEST TO RESCHEDULE CMC; [PROPOSED] ORDER CASE NO. 4:13-CV-04061-SBA

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