Nextpulse, LLC et al v. Brunswick Corporation

Filing 47

ORDER by Judge Haywood S. Gilliam, Jr. Granting 46 Stipulation EXTENDING EGYM, INCS TIME TO RESPOND TO FOURTH AMENDED CROSS-COMPLAINT. Motions due by 10/14/2022; Responses due by 11/12/2022; and Replies due by 11/23/2022. (ndr, COURT STAFF) (Filed on 9/15/2022)

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1 2 3 4 5 6 7 8 9 CATHERINE Y. LUI (SBN 239648) clui@orrick.com NATHAN SHAFFER (SBN 282015) nshaffer@orrick.com ORRICK, HERRINGTON & SUTCLIFFE LLP The Orrick Building 405 Howard Street San Francisco, CA 94105-2669 Telephone: +1 415 773 5700 Facsimile: +1 415 773 5759 Attorneys for Third-Party Defendant eGym, Inc. [Counsel for Brunswick Corporation On Signature Page] 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 OAKLAND DIVISION 13 14 15 NEXTPULSE LLC, a Delaware Limited Liability Corporation, successor to NETPULSE, INC., a Delaware Corporation, 16 17 18 19 20 21 Plaintiff, v. BRUNSWICK CORPORATION, a Delaware Corporation, and DOES 1-25, inclusive, Case No. 4:22-cv-04071-HSG STIPULATION AND ORDER EXTENDING EGYM, INC’S TIME TO RESPOND TO FOURTH AMENDED CROSS-COMPLAINT Judge: Hon. Haywood S. Gilliam, Jr. Defendant. AND RELATED CROSS-ACTIONS 22 23 24 25 26 27 28 STIPULATION AND ORDER EXTENDING TIME 4:22-CV-04071-HSG 1 Pursuant to Federal Rule of Civil Procedure 6 and Local Rule 6-2, Third-Party Defendant 2 eGym, Inc. and Third-Party Plaintiff Brunswick Corporation stipulate to an extension of time for 3 eGym to respond to the Fourth Amended Cross-Complaint (or a “third-party complaint” per the 4 nomenclature in Federal Rule of Civil Procedure 14) (the “FACC”) and respectfully request an 5 order granting the same. 6 7 8 9 WHEREAS, the Parties previously stipulated and this Court ordered that eGym’s response to the FACC is due on or before September 19, 2022; WHEREAS, eGym desires to have briefing related to its response to the FACC completed and heard by this Court shortly after Nextpulse’s Motion to Remand (ECF No. 20) is heard; and 10 WHEREAS, Brunswick does not object to eGym’s request; 11 NOW, THEREFORE, eGym and Brunswick stipulate as follows: 12 1. eGym shall file its response to the FACC on or before October 14, 2022. 13 Brunswick’s opposition shall be due November 11, 2022. eGym shall have until November 23, 14 2022, to file a reply. eGym shall notice the motion hearing with sufficient time for briefing to be 15 completed at least 14 days prior to the hearing. 16 IT IS SO STIPULATED. 17 18 19 20 21 22 23 24 25 26 27 28 -1- STIPULATION AND ORDER EXTENDING TIME 4:22-CV-04071-HSG 1 Dated: September 14, 2022 2 Respectfully submitted, CATHERINE Y. LUI NATHAN SHAFFER Orrick, Herrington & Sutcliffe LLP 3 4 5 By: 6 7 8 Dated: September 14, 2022 /s/ Catherine Y. Lui CATHERINE Y. LUI Attorneys for Third-Party Defendant eGym, Inc. Respectfully submitted, PATRICIA L. PEDEN KRISTIN E. CHARBONNIER Burke, Williams & Sorenson LLP 9 10 11 By: 12 13 /s/ Patricia L. Peden PATRICIA L. PEDEN Attorneys for Crossclaim Plaintiff Brunswick Corporation 14 15 16 Pursuant to stipulation, IT IS SO ORDERED. 17 18 Dated: 9/15/2022 Hon. Haywood S. Gilliam, Jr. UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28 -2- STIPULATION AND ORDER EXTENDING TIME 4:22-CV-04071-HSG 1 2 L.R. 5-1 SIGNATURE ATTESTATION As the ECF user whose user ID and password are utilized in the filing of this document, I 3 attest that concurrence in the filing of the document has been obtained from each of the other 4 signatories. 5 6 /s/ Catherine Y. Lui Catherine Y. Lui 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- STIPULATION AND [PROPOSED] ORDER EXTENDING TIME 4:22-CV-04071-HSG 1 2 3 4 5 6 7 CATHERINE Y. LUI (SBN 239648) clui@orrick.com NATHAN SHAFFER (SBN 282015) nshaffer@orrick.com ORRICK, HERRINGTON & SUTCLIFFE LLP The Orrick Building 405 Howard Street San Francisco, CA 94105-2669 Telephone: +1 415 773 5700 Facsimile: +1 415 773 5759 Attorneys for Third-Party Defendant eGym, Inc. 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 OAKLAND DIVISION 11 12 13 NEXTPULSE LLC, a Delaware Limited Liability Corporation, successor to NETPULSE, INC., a Delaware Corporation, 14 15 16 17 18 19 Plaintiff, Case No. 4:22-cv-04071-HSG LUI DECLARATION Judge: Hon. Haywood S. Gilliam, Jr. v. BRUNSWICK CORPORATION, a Delaware Corporation, and DOES 1-25, inclusive, Defendant. AND RELATED CROSS-ACTIONS 20 21 22 23 24 25 26 27 28 LUI DECL. 4:22-CV-04071-HSG 1 I, Catherine Y. Lui, declare as follows: 2 1. I am an attorney admitted to practice in the State of California and the United 3 States District Court for the Northern District of California, and counsel of record for eGym, Inc. 4 (“eGym”). I am familiar with the events, pleadings, and discovery in this action, and if called as 5 a witness I could and would testify competently to the matters stated herein of my own personal 6 knowledge. I submit this declaration in support of eGym and Brunswick Corporation’s 7 (“Brunswick”, together with eGym the “Parties”) stipulation and request to extend eGym’s time 8 to respond to the Fourth Amended Cross-Complaint (“FACC”). 9 2. This action was pending in the Superior Court located in the City and County of San 10 Francisco until it was removed on July 12, 2022. The Superior Court previously granted a stipulated 11 request for eGym to respond to the FACC on or before September 19, 2022, because the Parties 12 were and continue to be engaged in productive settlement discussions. After removal, Federal Rule 13 of Civil Procedure 81(c)(3)(C) made eGym’s response due on July 19, 2022. Upon stipulation by 14 the Parties, this Court issued an order resetting eGym’s deadline to respond to September 19, 2022. 15 Plaintiff Nextpulse filed a motion to remand on August 4, 2022, which is set for hearing on 16 December 15, 2022. 17 3. After meeting and conferring in good faith, the Parties agreed that the hearing on 18 any motion eGym may file in response to the FACC should be heard after the pending motion to 19 remand. The Parties agreed to reset the deadline for: 1) eGym to file a response to the FACC to 20 October 14, 2022; 2) Brunswick to file an opposition to eGym’s response to November 11, 2022; 21 and, 3) eGym to file a reply to Brunswick’s opposition to eGym’s response to November 23, 2022. 22 Further, the Parties agreed that eGym shall notice the motion hearing with sufficient time for briefing 23 to be completed at least 14 days prior to the hearing. 24 // 25 // 26 // 27 // 28 // -1- LUI DECL. 4:22-CV-04071-HSG 1 4. This is the second extension of time sought from this Court. The Rule 16 schedule 2 has not yet been set, and the requested extension will not impact any other current case deadlines. 3 The parties do not anticipate any further extension requests on this deadline. 4 5 I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed this 14th day of September, 2022, at Newport Coast, CA. 6 7 /s/ Catherine Y. Lui Catherine Y. Lui 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- LUI DECL. 4:22-CV-04071-HSG

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