US Cotton, LLC v. A to Z Beauty, LLC

Filing 52

ORDER by Judge Haywood S. Gilliam, Jr. Granting 51 Stipulation Re Case Deadlines. Amended Pleadings due by 1/25/2022; Discovery due by 3/25/2022; Motions due by 4/8/2022; Replies due by 4/29/2022; Responses due by 4/22/2022; and Claims Construction Hearing set for 5/13/2022 02:00 PM. (ndr, COURT STAFF) (Filed on 1/7/2022)

Case 4:21-cv-02141-HSG Document 52 Filed 01/07/22 Page 1 of 4

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Michael L. Rodenbaugh (SBN 179059)
Rodenbaugh Law
548 Market Street, Box 55819
San Francisco, CA 94104
Phone: [phone]
Matthew J. Ladenheim (pro hac vice)
Jonathan M. Hines (pro hac vice)
TREGO, HINES & LADENHEIM, PLLC
10224 Hickorywood Hill Ave., Suite 202
Huntersville, NC 28078
Phone: [phone]
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORIA

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U.S. COTTON, LLC

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Plaintiff

Civil Action No.: 4:21-cv-02141-HSG

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vs.
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A TO Z BEAUTY, LLC D/B/A
CLIGANIC

STIPULATION AND ORDER
REQUESTING RELIEF FROM CASE
DEADLINES AND SCHEDULING OF
CASE MANAGEMENT CONFERENCE

Defendant.

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Pursuant to Civil Local Rule 16-2(d) and 7-12, and further to the telephonic conference

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with the Court on December 16, 2021 (ECF No. 46), and to the Court’s order dated January 4,

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2022 (ECF No. 50), Defendant A To Z Beauty, LLC d/b/a Cliganic (“Cliganic”) and Plaintiff

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U.S. Cotton, LLC (“USC”), hereby stipulate and respectfully request that the Court stay all

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deadlines in this matter for approximately 30 days, including continuance of all deadlines

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STIPULATION AND ORDER RE CASE DEADLINES
Case No. 4:21-cv-02141-HSG

Case 4:21-cv-02141-HSG Document 52 Filed 01/07/22 Page 2 of 4

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currently established by this Court’s Amended Scheduling Order (ECF No. 50), to provide the
parties opportunity to complete the agreed settlement of this matter. A representative of each

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party has signed a short-form settlement agreement that is intended to resolve this case. The

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parties and counsel expect to reach a final agreement, and expect all conditions to be completed

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– including dismissal of this action – no later than February 4, 2022.

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There have been two prior stipulations and resulting orders (ECF No. 40, 50) affecting

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the court’s scheduling orders.
The parties and their counsel maintain there is good cause for this extension as the party
representatives have reached a written settlement in principle, and they intend to promptly and

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completely resolve this matter without further undue litigation cost or burden to the Court.
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In the event the matter is not dismissed by February 4, 2022, the parties propose the
following, amended schedule at this time:
EVENT

PROPOSED SCHEDULE

Rule 26(a)(1) Initial Disclosures

Complete

Disclosure of Asserted Claims and Infringement
Contentions by Plaintiff (Patent L.R. 3-1 & 3-2)

Complete

Invalidity Contentions by Defendant (Patent L.R.
3-3 and 3-4)

Complete

Exchange of Proposed Terms for Claim
Construction (Patent L.R. 4-1)

Complete

Exchange of Preliminary Constructions and
Extrinsic Evidence (Patent L.R. 4-2)

February 11, 2022

Damages Contentions by Plaintiff (Patent L.R. 38)

February 18, 2022

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STIPULATION AND [PROPOSED] ORDER RE CASE DEADLINES
Case No. 4:21-cv-02141-HSG

Case 4:21-cv-02141-HSG Document 52 Filed 01/07/22 Page 3 of 4

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Joint Claim Construction and Prehearing
Statement and Expert Reports for Claim
Construction (Patent L.R. 4-3)

February 25, 2022

Responsive Damages Contentions by Defendant
(Patent L.R. 3-9)

March 11, 2022

Last Day to Amend Pleadings

March 25, 2022

Completion of Claim Construction Discovery
(Patent L.R. 4-4)

March 25, 2022

Opening Claim Construction Brief by Plaintiff
(Patent L.R. 4-5(a))

April 8, 2022

Responsive Claim Construction Brief by
Defendant (Patent L.R. 4-5(b))

April 22, 2022

Reply Claim Construction Brief by Plaintiff
(Patent L.R. 4-5(c))

April 29, 2022

Claim Construction Hearing

May 13, 2022 at 2p.m. or at the
Court’s convenience

Issuance of Claim Construction/Pretrial Order
[“PO”]

At the convenience of the Court

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Respectfully submitted,

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RODENBAUGH LAW

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Dated: January 6, 2022

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Michael L. Rodenbaugh (SBN 179059)
Rodenbaugh Law
548 Market Street, Box 55819
San Francisco, CA 94104
Phone: [phone]
Matthew J. Ladenheim (pro hac vice)
Jonathan M. Hines (pro hac vice)
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STIPULATION AND ORDER RE CASE DEADLINES
Case No. 4:21-cv-02141-HSG

Case 4:21-cv-02141-HSG Document 52 Filed 01/07/22 Page 4 of 4

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TREGO, HINES & LADENHEIM, PLLC
10224 Hickorywood Hill Ave., Suite 202
Huntersville, NC 28078
Phone: [phone]

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Attorneys for Plaintiff
U.S. Cotton, LLC

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Dated: January 6, 2022
Respectfully submitted,
By: /s/ Erik R. Fuehrer
Erik R. Fuehrer (Bar No. 252578)
DLA PIPER LLP (US)
2000 University Avenue
East Palo Alto, CA 94303
Tel: [phone]
Fax: [phone]
[e-mail]
Michael G. Strapp (pro hac vice)
Christopher Deck (pro hac vice)
DLA PIPER LLP (US)
33 Arch Street, 26th Floor
Boston, MA 02110-1447
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant
A TO Z BEAUTY, LLC D/B/A CLIGANIC
PURSUANT TO STIPULATION, IT IS SO ORDERED,

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___________________________

_________________
1/7/2022

District Judge Haywood S. Gilliam Jr.

Date

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STIPULATION AND ORDER RE CASE DEADLINES
Case No. 4:21-cv-02141-HSG