Judelsohn v. Fitbit, Inc

Filing 37

ORDER by Judge Claudia Wilken Granting (36 in case 4:14-cv-01287-CW and 27 in case 4:14-cv-01350-CW) Stipulation to Continue Briefing Schedule and Hearing on Fitbit's Motion to Dismiss and to Continue the Case Management Conference. (ndr, COURT STAFF) (Filed on 7/31/2014)

1

6

Eric H. Gibbs (State Bar No. 178658)
[e-mail]
Matthew B. George (State Bar No. 239322)
[e-mail]
GIRARD GIBBS LLP
601 California Street, 14th Floor
San Francisco, California 94108
Telephone: [phone]
Facsimile: [phone]

7

Attorneys for Plaintiff Judelsohn and the Putative Class

2
3
4
5

8

[Additional counsel for Plaintiffs listed on signature page]

9
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

10
11
12
13

ROBYN JUDELSOHN, on behalf of herself and
all others similarly situated,

Case No. 4:14-CV-01287-CW
(Related Case No. 4:14-CV-01350-CW)

14
Plaintiff,

15
16
17

vs.
FITBIT, INC.,

18

STIPULATION AND [PROPOSED] ORDER
TO CONTINUE BRIEFING SCHEDULE AND
HEARING ON FITBIT’S MOTION TO
DISMISS AND TO CONTINUE THE CASE
MANAGEMENT CONFERENCE

Defendant.

19
20
21
22
23

This document also relates to:
GEORGE REED, RANDI AKANA, MILISSA
MORGAN, KYLE MCCLOUD, LAURIE
MCGUIRE, and MICHAEL BASKHARON,
individually, and on behalf of all others similarly
situated,

Case No. 4:14-CV-01350-CW
(Related Case No. 4:14-CV-01287-CW)
Hon. Claudia Wilken

24
Plaintiffs,

25
26
27
28

v.
FITBIT, INC., and DOES 1 through 10, Inclusive,
Defendants.
STIPULATION AND [PROPOSED] ORDER TO CONTINUE BRIEFING AND HEARING ON
FITBIT’S MOTION TO DISMISS AND CONTINUE THE CASE MANAGEMENT CONFERENCE
CASE NO. 4:14-CW-01287-CW

1

Plaintiffs Robyn Judelsohn, George Reed, Randi Akana, Milissa Morgan, Kyle McCloud, Laurie

2

McGuire, and Michael Baskharon (collectively, “Plaintiffs”), and Defendant Fitbit, Inc. (“Fitbit”), by

3

and through their respective counsel, respectfully request that the Court continue the briefing schedule

4

and hearing date on Fitbit’s motions to dismiss as well as to continue the upcoming case management

5

conference. A brief summary of the relevant background in support of this request is set forth as

6

follows:

7

1.

On March 20, 2014, Plaintiff Judelsohn filed a proposed class action complaint against

8

Fitbit, Case No. 4:14-CV-01287-CW (“Judelsohn Action”), in the Northern District of California. The

9

Judelsohn Action generally alleges that Fitbit violated California consumer protection laws, including

10

the California Unfair Competition Law (Cal. Bus. & Prof. Code §§ 17200, et seq.) and the California

11

Consumers Legal Remedies Act (Cal. Civ. Code §§ 1750, et seq.), through its alleged

12

misrepresentations regarding the marketing and same Fitbit’s Force™ Wireless Activity + Sleep

13

Wristband (“Force Wristband”).

14

2.

On March 24, 2014, Plaintiffs George Reed, Randi Akana, Milissa Morgan, Kyle

15

McCloud, Laurie McGuire, and Michael Baskharon filed a class action complaint in Reed, et al. v.

16

Fitbit, Inc., Case No. 4:14-CV-01350-CW (“Reed Action”), in the Northern District of California. The

17

Reed Action asserts substantially similar claims to those alleged against Fitbit in the Judelsohn Action

18

on behalf of substantially similar, if not identical, proposed classes. On April 1, 2014, the Court granted

19

Plaintiff Judelsohn’s motion to relate the Judelsohn and Reed Actions pursuant to Local Civil Rule 3-

20

12(a).

21
22
23

3.

Fitbit has accepted service of the summonses and Reed and Judelsohn complaints and

filed motions to dismiss both cases on July 1, 2014.
4.

On July 18, 2014, the Court issued an order consolidating briefing on both motions to

24

dismiss in the Judelsohn and Reed Actions and set a consolidated hearing and case management

25

conference for both matters on August 28, 2014. Plaintiffs’ joint opposition to Fitbit’s Motions to

26

Dismiss is currently due July 31, 2014, and Fitbit’s reply brief is currently due on August 14, 2014.

27
28

5.

Since receipt of the Court’s July 18, 2014 order consolidating the briefing on Fitbit’s

motions to dismiss, counsel for all parties have conferred and agree that in light of ongoing settlement
1
STIPULATION AND [PROPOSED] ORDER TO CONTINUE BRIEFING AND HEARING ON
FITBIT’S MOTION TO DISMISS AND CONTINUE THE CASE MANAGEMENT CONFERENCE
CASE NO. 4:14-CW-01287-CW

1

discussions, the motion to dismiss briefing schedule for the Judelsohn and Reed Actions should be

2

extended by 30 days in order to preserve the parties’ and the Court’s resources while they explore

3

potential resolution. Accordingly, the parties propose Plaintiffs’ joint opposition brief shall be due

4

September 5, 2014, and Fitbit shall have until September 19, 2014, to file its reply memorandum;

5
6
7
8
9

6.

Additionally, the parties propose continuing the case management conference and the

hearing date on Fitbit’s motion to dismiss to October 2, 2014.
IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for
Plaintiffs and Defendant, that:
1.

Plaintiffs in the related cases of Judelsohn, et al. v. Fitbit, Inc., Case No. 4:14-CV-01287-

10

CW and Reed, et al. v. Fitbit, Inc., Case No. 4:14-CV-01350-CW shall file their joint opposition brief on

11

or before September 5, 2014, and Fitbit shall have until September 19, 2014 to file its reply

12

memorandum.

13

2.

The August 28, 2014 hearing date on the motions and case management conference is

14

continued to October 2, 2014. Any other deadlines pursuant to the Federal Rules of Civil Procedure and

15

Civil Local Rules running from such date are reset and will recommence upon the Court’s order granting

16

this stipulation.

17
18
19

Dated: July 29, 2014

Respectfully Submitted,
GIRARD GIBBS LLP

20
By:

/s/ Eric H. Gibbs

21
22
23
24
25

Eric H. Gibbs
Matthew B. George
Linh G. Vuong
601 California Street, 14th Floor
San Francisco, CA 94108
Telephone: [phone]
Facsimile: [phone]

26
27
28
2
STIPULATION AND [PROPOSED] ORDER TO CONTINUE BRIEFING AND HEARING ON
FITBIT’S MOTION TO DISMISS AND CONTINUE THE CASE MANAGEMENT CONFERENCE
CASE NO. 4:14-CW-01287-CW

1
2
3
4

Joseph A. Fitapelli, admitted pro hac vice
Brian S. Schaffer, admitted pro hac vice
FITAPELLI & SCHAFFER, LLP
475 Park Avenue South, 12th Floor
New York, New York 10016
Telephone: [phone]
Facsimile: [phone]

5
6

Attorneys for Plaintiff Judelsohn and Putative Class

7

CHIMICLES & TIKELLIS LLP

8

By:

9

Joseph G. Sauder
Matthew D. Schelkopf
One Haverford Centre
361 West Lancaster Avenue
Haverford, PA 19401
Telephone: [phone]
Facsimile: [phone]

10
11
12
13
14
15
16
17
18

/s/ Joseph G. Sauder

Richard D. McCune
Jae (Eddie) K. Kim
MCCUNE WRIGHT LLP
2068 Orange Tree Lane, Suite 216
Redlands, CA 92374
Telephone: [phone]
Facsimile: [phone]

19

Attorneys for Plaintiffs Reed, et al. and the Putative Class

20

MORRISON & FOERSTER LLP

21

By:

/s/ Erin M. Bosman

22
23
24
25
26
27

James W. Huston
Erin M. Bosman
Julie Y. Park
12531 High Bluff Drive
San Diego, California 92130-2040
Telephone: [phone]
Facsimile: 858.720.5125
Attorneys for Defendant Fitbit, Inc.

28
3
STIPULATION AND [PROPOSED] ORDER TO CONTINUE BRIEFING AND HEARING ON
FITBIT’S MOTION TO DISMISS AND CONTINUE THE CASE MANAGEMENT CONFERENCE
CASE NO. 4:14-CW-01287-CW

1

[PROPOSED] ORDER

2

The above Stipulation of the parties having been considered by the Court and good cause

3
4

appearing therefore, the Court hereby orders as follows:
1. Plaintiffs shall have up and until September 5, 2014, to file an opposition brief to Fitbit’s

5
6

motion to dismiss. Fitbit shall have until September 19, 2014 to file its reply memorandum.
2. The August 28, 2014 hearing date on the motions and case management conference is

7

continued to October 2, 2014. Any other deadlines pursuant to the Federal Rules of Civil

8

Procedure and Civil Local Rules running from such date are reset and will recommence upon

9

the Court’s order granting this stipulation.

10

PURUSANT TO STIPULATION, IT IS SO ORDERED.

11
12

7/31/2014
Dated: ______________________

_________________________________
The Honorable Claudia Wilken
UNITED STATES DISTRICT JUDGE

13
14
15
16
17
18

ECF ATTESTATION
I, Eric H. Gibbs, am the ECF User whose ID and Password are being used to file this document.
In compliance with Local Rule 5-1(i)(3), I hereby attest that all other signatories listed have concurred in
this filing.

19
20

Dated: July 29, 2014

GIRARD GIBBS LLP 

21
22
23

By:

/s/ Eric H. Gibbs

Eric H. Gibbs

24
25
26
27
28
4
STIPULATION AND [PROPOSED] ORDER TO CONTINUE BRIEFING AND HEARING ON
FITBIT’S MOTION TO DISMISS AND CONTINUE THE CASE MANAGEMENT CONFERENCE
CASE NO. 4:14-CW-01287-CW