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

Filing 16

ORDER by Judge Saundra Brown Armstrong Granting 14 Motion to Continue. (ndr, COURT STAFF) (Filed on 12/30/2013)

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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 UNOPPOSED ADMINISTRATIVE REQUEST TO RESCHEDULE CASE MANAGEMENT CONFERENCE; v. 17 18 CANE CREEK CYCLING COMPONENTS, INC., DECLARATION OF ROBERT F. MCCAULEY; 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 3 for January 8, 2014, to February 5, 2014, at a time convenient for the Court. Counsel for 4 Defendant Cane Creek Cycling Components, Inc. (“Cane Creek”) has advised that Cane Creek does 5 not oppose Fox’s request to continue the Initial CMC. The Court previously rescheduled the CMC 6 from November 27, 2013, to January 8, 2014, in view of settlement discussions. 7 On December 24, 2013, the parties filed a Stipulation and Proposed Order requesting 8 additional time, until January 23, 2014, for Fox to formally serve the Complaint.1 As stated in that 9 Stipulation, the parties have engaged in earnest settlement negotiations, have agreed in 10 correspondence upon basic terms for settlement, and have exchanged at least one draft settlement 11 agreement. To allow those discussions to continue and possibly resolve this action without further 12 involvement of the Court, Fox respectfully requests (and Cane Creek does not oppose) that the CMC 13 be continued to February 5, 2014. Deferring the CMC would provide the parties additional time to 14 finalize and execute their settlement agreement. 15 Fox also requests that the following deadlines be reset as provided below: 16 17 Event Current Deadline Proposed Deadline 18 ADR Forms December 18, 2013 January 26, 2014 19 Meet and Confer (Rule 26(f)) December 18, 2013 January 23, 2014 20 Joint CMC Statement December 31, 2013 January 29, 2014 21 Initial Disclosures December 31, 2013 January 29, 2014 22 23 24 25 26 1 27 28 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. 1 ADMIN. REQUEST TO RESCHEDULE CMC; [PROPOSED] ORDER CASE NO. 4:13-CV-04061-SBA 1 2 SUPPORTING DECLARATION OF ROBERT F. McCAULEY I am an attorney licensed to practice before the courts of the State of California and in this 3 District. I am a member of the law firm of Finnegan, Henderson, Farabow, Garrett & Dunner LLP, 4 attorneys of record for Fox. All representations made above in this Administrative Request are true 5 to the best of my knowledge and belief. 6 Pursuant to a Stipulation and Proposed Order, the Court previously rescheduled the Initial 7 CMC from November 27, 2013 to January 8, 2014, in view of ongoing settlement discussions. Other 8 than the deadlines described in the Administrative Request above, no Court deadlines would be 9 affected by the granting of this Request (as no other dates have been set by the Court). 10 11 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, 12 13 Dated: December 24, 2013 FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP 14 15 16 17 By: /s/ Robert F. McCauley Robert F. McCauley Attorneys for Plaintiffs Fox Factory, Inc. and Fox Factory Holding Corp. 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 ORDER 2 GOOD CAUSE APPEARING, it is hereby ORDERED that the telephonic Initial Case 3 Management Conference is rescheduled for February 5, 2014, at 2:30 p.m. Plaintiffs’ counsel to set 4 up the conference call with all parties on the line and call chambers at (510) 637-3559. 5 6 The Court also adopts the following schedule: Event Deadline 7 ADR Forms January 26, 2014 8 Meet and Confer (Rule 26(f)) January 23, 2014 Joint CMC Statement January 29, 2014 Initial Disclosures January 29, 2014 9 10 11 12 13 14 15 12/30/2013 Dated: _________________________ ______________________________________ Saundra B. Armstrong United States District Judge 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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