Fox Factory, Inc. et al v. Cane Creek Cycling Components, Inc.
Filing
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ORDER by Judge Saundra Brown Armstrong Granting 14 Motion to Continue. (ndr, COURT STAFF) (Filed on 12/30/2013)
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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
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Attorneys for Plaintiffs Fox Factory, Inc.,
and Fox Factory Holding Corp.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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FOX FACTORY, INC. and FOX FACTORY
HOLDING, CORP.,
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Plaintiffs,
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CASE NO. 4:13-cv-04061-SBA
UNOPPOSED ADMINISTRATIVE
REQUEST TO RESCHEDULE CASE
MANAGEMENT CONFERENCE;
v.
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CANE CREEK CYCLING COMPONENTS,
INC.,
DECLARATION OF ROBERT F.
MCCAULEY;
ORDER
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Defendant.
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ADMIN. REQUEST TO RESCHEDULE CMC; [PROPOSED] ORDER
CASE NO. 4:13-CV-04061-SBA
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Plaintiffs Fox Factory, Inc. and Fox Factory Holding Corp. (“Fox”) respectfully request that
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the Court reschedule the Initial Case Management Conference (“CMC”) in this case, currently set
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for January 8, 2014, to February 5, 2014, at a time convenient for the Court. Counsel for
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Defendant Cane Creek Cycling Components, Inc. (“Cane Creek”) has advised that Cane Creek does
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not oppose Fox’s request to continue the Initial CMC. The Court previously rescheduled the CMC
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from November 27, 2013, to January 8, 2014, in view of settlement discussions.
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On December 24, 2013, the parties filed a Stipulation and Proposed Order requesting
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additional time, until January 23, 2014, for Fox to formally serve the Complaint.1 As stated in that
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Stipulation, the parties have engaged in earnest settlement negotiations, have agreed in
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correspondence upon basic terms for settlement, and have exchanged at least one draft settlement
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agreement. To allow those discussions to continue and possibly resolve this action without further
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involvement of the Court, Fox respectfully requests (and Cane Creek does not oppose) that the CMC
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be continued to February 5, 2014. Deferring the CMC would provide the parties additional time to
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finalize and execute their settlement agreement.
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Fox also requests that the following deadlines be reset as provided below:
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Event
Current Deadline
Proposed Deadline
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ADR Forms
December 18, 2013
January 26, 2014
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Meet and Confer (Rule 26(f))
December 18, 2013
January 23, 2014
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Joint CMC Statement
December 31, 2013
January 29, 2014
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Initial Disclosures
December 31, 2013
January 29, 2014
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Defendant Cane Creek was provided a courtesy copy of the Summons and Complaint at or
near the date of filing, as well as the Court’s scheduling order, but has not yet been formally served
while the parties are pursuing settlement discussions.
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ADMIN. REQUEST TO RESCHEDULE CMC; [PROPOSED] ORDER
CASE NO. 4:13-CV-04061-SBA
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SUPPORTING DECLARATION OF ROBERT F. McCAULEY
I am an attorney licensed to practice before the courts of the State of California and in this
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District. I am a member of the law firm of Finnegan, Henderson, Farabow, Garrett & Dunner LLP,
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attorneys of record for Fox. All representations made above in this Administrative Request are true
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to the best of my knowledge and belief.
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Pursuant to a Stipulation and Proposed Order, the Court previously rescheduled the Initial
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CMC from November 27, 2013 to January 8, 2014, in view of ongoing settlement discussions. Other
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than the deadlines described in the Administrative Request above, no Court deadlines would be
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affected by the granting of this Request (as no other dates have been set by the Court).
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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,
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Dated: December 24, 2013
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP
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By:
/s/ Robert F. McCauley
Robert F. McCauley
Attorneys for Plaintiffs Fox Factory, Inc.
and Fox Factory Holding Corp.
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ADMIN. REQUEST TO RESCHEDULE CMC; [PROPOSED] ORDER
CASE NO. 4:13-CV-04061-SBA
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ORDER
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GOOD CAUSE APPEARING, it is hereby ORDERED that the telephonic Initial Case
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Management Conference is rescheduled for February 5, 2014, at 2:30 p.m. Plaintiffs’ counsel to set
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up the conference call with all parties on the line and call chambers at (510) 637-3559.
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The Court also adopts the following schedule:
Event
Deadline
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ADR Forms
January 26, 2014
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Meet and Confer (Rule
26(f))
January 23, 2014
Joint CMC Statement
January 29, 2014
Initial Disclosures
January 29, 2014
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12/30/2013
Dated: _________________________
______________________________________
Saundra B. Armstrong
United States District Judge
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ADMIN. REQUEST TO RESCHEDULE CMC; [PROPOSED] ORDER
CASE NO. 4:13-CV-04061-SBA
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