Sonder Canada Inc. et al v. Sonder Group LLC

Filing 25

STIPULATION AND ORDER AS MODIFIED re 24 . STIPULATION WITH PROPOSED ORDER re 4 Initial Case Management Scheduling Order with ADR Deadlines, 12 Amended Complaint for False Designation of Origin, Trademark Infringement, and Unfair Competition filed by Sonder Canada Inc., Sonder Group LLC, Sonder USA Inc. Initial Case Management Conference set for 12/12/2017 01:30 PM. Signed by Magistrate Judge Kandis A. Westmore on 10/18/17. (sisS, COURT STAFF) (Filed on 10/18/2017)

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ERIC BALL (CSB No. 241327)
[e-mail]
FENWICK & WEST LLP
801 California Street
Mountain View, CA 94041
Telephone:
650.988.8500
Facsimile:
650.938.5200
SHANNON E. TURNER (CSB No. 310121)
[e-mail]
FENWICK & WEST LLP
555 California Street, 12th Floor
San Francisco, CA 94104
Telephone:
415.875.2300
Facsimile:
415.281.1350
Attorneys for Plaintiffs
SONDER CANADA INC. & SONDER USA
INC.

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MOUNTAIN VIEW

Attorneys for Defendant
SONDER GROUP LLC

UNITED STATES DISTRICT COURT

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ATTORNEYS AT LAW

F ENWICK & W EST LLP

SHABNAM MALEK (CSB No. 240087)
[e-mail]
AMANDA R. CONLEY (CSB No. 281270)
[e-mail]
BRAND & BRANCH LLP
1714 Franklin Street No. 100-336
Oakland, CA 94612
Telephone:
510.984.4285

NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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SONDER CANADA INC. & SONDER USA
INC.,

Case No.: 4:17-CV-04147-KAW

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STIPULATION TO EXTEND
DEADLINE TO RESPOND TO
AMENDED COMPLAINT, CONTINUE
THE INITIAL CASE MANAGEMENT
CONFERENCE, RESET RELATED
DEADLINES (L.R. 6-1, 6-2, 7-12)

Plaintiffs,
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v.
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SONDER GROUP LLC,
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Defendant.

Judge: Hon. Kandis Westmore

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Complaint Filed: July 21, 2017
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JOINT STIP TO EXTEND DEADLINE AND
CONTINUE CMC

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Case No.: 4:17-CV-04147-KAW

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Plaintiffs Sonder Canada Inc. and Sonder USA Inc. (collectively, “Sonder”) and

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Defendant Sonder Group LLC (“SG”) notify the Court that the Parties have reached a settlement

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in principle and are in the process of preparing the settlement documentation.

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Given the settlement in principle, and pursuant to Federal Rule of Civil Procedure 6(b)

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and Local Rules 6-1, 6-2, and 7-12, the Parties agree and stipulate to extending the deadline for

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SG to respond to the Amended Complaint, and agree and stipulate to and request an order from

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the Court rescheduling the Initial Case Management Conference currently set for October 24,

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2017, and adjusting the related deadlines as follows:

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ATTORNEYS AT LAW

F ENWICK & W EST LLP

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WHEREAS, Sonder filed the Complaint on July 21, 2017 and filed the Amended
Complaint on August 16, 2017;
WHEREAS, the Parties jointly stipulated to extend the time for SG to respond to the
Complaint to October 16, 2017;
WHEREAS, the Initial Case Management Conference is scheduled for October 24, 2017
at 1:30 pm;
WHEREAS, there have been no other time modifications in this case by stipulation or
court order;
WHEREAS, the Parties have conferred and agree that there is good cause for the
requested continuance;
WHEREAS, in light of the ongoing settlement negotiations, the Parties have agreed that

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the dates set for SG’s response to the Amended Complaint be continued until November 13,

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2017, the Initial Case Management Conference, currently scheduled for October 24, 2017 at 1:30

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pm, be continued until November 21, 2017 at 1:30 pm, or other later date according to the Court’s

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calendar, and the filing of the Rule 26(f) report and Joint Case Management Statement, currently

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due on October 17, 2017, be continued until one week before the rescheduled date for the Initial

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Case Management Conference;

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WHEREAS, the Parties agree that extending the above deadlines will facilitate settlement
negotiations between the Parties and serve the interests of judicial economy; and

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JOINT STIP TO EXTEND DEADLINE AND
CONTINUE CMC

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Case No.: 4:17-CV-04147-KAW

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WHEREAS, this short extension will not substantively affect the overall case schedule,
particularly given the preliminary stage of this litigation.
NOW THEREFORE, the Parties hereby stipulate and agree that SG’s response to the

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Amended Complaint be continued until November 13, 2017, the Initial Case Management

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Conference, currently scheduled on October 24, 2017 at 1:30 pm, be continued until November

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21, 2017 at 1:30 pm, or other later date according to the Court’s calendar, and the filing of the

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Rule 26(f) report and Joint Case Management Statement, currently due on October 17, 2017, be

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continued until one week before the rescheduled date for the Initial Case Management

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Conference. The Parties respectfully request that the Court grant the Parties their stipulated

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attached proposed order.

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ATTORNEYS AT LAW

requests and reschedule the Initial Case Management Conference accordingly, as set forth in the

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F ENWICK & W EST LLP

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Dated: October 16, 2017

Respectfully submitted,

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By: /s/ Eric Ball
Eric Ball
FENWICK & WEST LLP
801 California Street
Mountain View, CA 94041
Tel.: [phone]
Fax.: [phone]
Shannon Turner
FENWICK & WEST LLP
555 California Street, 12th Floor
San Francisco, CA 94104
Tel.: [phone]
Fax: [phone]

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Attorneys for Plaintiffs
SONDER CANADA INC. AND SONDER USA INC.
Dated: October 16, 2017

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By: /s/ Shabnam Malek
Shabnam Malek
Amanda R. Conley
BRAND & BRANCH LLP
1714 Franklin Street, No. 100-336
Oakland, CA 94612
Tel.: [phone]

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Attorneys for Defendant
SONDER GROUP LLC

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JOINT STIP TO EXTEND DEADLINE AND
CONTINUE CMC

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Case No.: 4:17-CV-04147-KAW

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ATTESTATION OF SIGNATURES
Pursuant to Local Civil Rule 5-1(i)(3), I hereby attest that I have obtained concurrence in
the filing of this document from each of the Signatories.

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By: /s/ Eric Ball
Eric Ball

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ATTORNEYS AT LAW

F ENWICK & W EST LLP

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JOINT STIP TO EXTEND DEADLINE AND
CONTINUE CMC

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Case No.: 4:17-CV-04147-KAW

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ERIC BALL (CSB No. 241327)
[e-mail]
FENWICK & WEST LLP
801 California Street
Mountain View, CA 94041
Telephone:
650.988.8500
Facsimile:
650.938.5200
SHANNON E. TURNER (CSB No. 310121)
[e-mail]
FENWICK & WEST LLP
555 California Street, 12th Floor
San Francisco, CA 94104
Telephone:
415.875.2300
Facsimile:
415.281.1350
Attorneys for Plaintiffs
SONDER CANADA INC. & SONDER USA
INC.

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MOUNTAIN VIEW

Attorneys for Defendant
SONDER GROUP LLC

UNITED STATES DISTRICT COURT

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ATTORNEYS AT LAW

F ENWICK & W EST LLP

SHABNAM MALEK (CSB No. 240087)
[e-mail]
AMANDA R. CONLEY (CSB No. 281270)
[e-mail]
BRAND & BRANCH LLP
1714 Franklin Street No. 100-336
Oakland, CA 94612
Telephone:
510.984.4285

NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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SONDER CANADA INC. & SONDER USA
INC.,

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Plaintiffs,
v.
SONDER GROUP LLC,
Defendant.

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Case No.: 4:17-CV-04147-KAW
[PROPOSED] ORDER TO EXTEND
DEADLINE TO RESPOND TO
AMENDED COMPLAINT, CONTINUE
THE INITIAL CASE MANAGEMENT
CONFERENCE, RESET RELATED
DEADLINES (L.R. 6-1, 6-2, 7-12)
AS MODIFIED
Judge: Hon. Kandis Westmore
Complaint Filed: July 21, 2017

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[PROPOSED] ORDER TO EXTEND DEADLINE TO
RESPOND TO AMENDED COMPLAINT,
CONTINUE THE INITIAL CASE MANAGEMENT
CONFERENCE, RESET RELATED DEADLINES

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Case No.: 4:17-CV-04147-KAW

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Upon consideration of the Stipulation to Extend Deadline to Respond to Amended

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Complaint, Continue the Initial Case Management Conference, and Reset Related Deadlines filed

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by Plaintiffs Sonder Canada Inc. and Sonder USA Inc. and Defendant Sonder Group LLC,

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PURSUANT TO STIPULATION, IT IS HEREBY ORDERED as follows:

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Sonder Group LLC’s response to the Amended Complaint is due on November 13,

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The Initial Case Management Conference currently scheduled for October 24,

2017.

2017 at 1:30 pm will be rescheduled for December 12, 2017 at 1:30 pm.
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The filing of the Rule 26(f) report and Joint Case Management Statement,

currently due on October 17, 2017, will be due one week before the rescheduled date for the

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Initial Case Management Conference.

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ATTORNEYS AT LAW

F ENWICK & W EST LLP

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Dated:_10/18, 2017

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Hon. Kandis A. Westmore
United States Magistrate Judge

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[PROPOSED] ORDER TO EXTEND DEADLINE TO
RESPOND TO AMENDED COMPLAINT,
CONTINUE THE INITIAL CASE MANAGEMENT
CONFERENCE, RESET RELATED DEADLINES

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Case No.: 4:17-CV-04147-KAW