Icon Health & Fitness, Inc. v. iHealth Lab Inc.

Filing 24

STIPULATION AND ORDER CONTINUING JUNE 16, 2016 CASE MANAGEMENT CONFERENCE (AS MODIFIED), granting 23 . The June 16, 2016 Case Management Conference is hereby continued to July 21, 2016 at 10:00 AM before Hon. Edward J. Davila. Signed by Hon. Edward J. Davila on 6/6/2016. (ofr, COURT STAFF) (Filed on 6/6/2016)

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1 2 3 4 5 6 ERIC BALL (CSB No. 241327) eball@fenwick.com WILLIAM L. PIEROG (CSB No. 288431) wpierog@fenwick.com FENWICK & WEST LLP Silicon Valley Center 801 California Street Mountain View, CA 94041 Telephone: 650.988.8500 Facsimile: 650.938.5200 7 Attorneys for Defendant IHEALTH LABS INC. 8 Additional Counsel Listed on Signature Page 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA MOUNTAIN VIEW 12 ATTORNEYS AT LAW F ENWICK & W EST LLP 11 13 ICON HEALTH & FITNESS, INC., a Delaware corporation, Plaintiff, 14 15 16 vs. IHEALTH LAB INC., a California corporation, Defendant. 17 18 ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 16-CV-00231 EJD (NMC) STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE (AS MODIFIED) Current CMC Date: 6/16/2016 Request CMC Dated: 7/14/2016 19 20 Pursuant to Civil L.R. 6-2, Plaintiff ICON Health & Fitness, Inc. and Defendant iHealth Lab 21 Inc. stipulate and respectfully request that the Initial Case Management Conference in this matter be 22 continued from June 16, 2016 at 10:00 a.m. to July 14, 2016 at 10:00 a.m. or any later date available 23 from the Court. 24 The reason for the requested continuation is that the parties have substantially progressed in 25 their settlement discussions and anticipate an informal resolution of this matter within the coming 26 weeks. 27 28 There have been two previous time modifications in this case. When this case was reassigned from the Magistrate Judge to the Hon. Edward J. Davila, the Initial Case Management STIP. AND P.O. CONT’G CMC 1 Case No. 16-CV-00231 EJD (NMC) 1 Conference was continued from April 14, 2016 to May 19, 2016. Dkt. No. 10. The Court granted 2 the parties’ stipulation to continue the Initial Case Management Conference from May 19, 2016 to 3 June 16, 2016. Dkt. No. 22. 4 5 The requested continuance will not have an effect on the schedule for the case because a case schedule has not been proposed by the parties or ordered by the Court. 6 7 DATED: June 2, 2016 8 LAW OFFICES OF PERRY R. CLARK By: 9 10 MOUNTAIN VIEW 12 ATTORNEYS AT LAW F ENWICK & W EST LLP 11 13 Gregory M. Hess (pro hac vice) LaShel Shaw (pro hac vice) PARR BROWN GEE & LOVELESS, PC 185 South State Street, Suite 800 Salt Lake City, Utah 84111 Telephone: (801) 532-7840 Facsimile: (801) 532-7750 Email: ghess@parrbrown.com 14 15 16 17 Attorneys for Plaintiff ICON Health & Fitness, Inc. 18 19 20 /s/ Perry R. Clark Perry R. Clark, Cal. Bar. No. 197101 LAW OFFICES OF PERRY R. CLARK 825 San Antonio Road Palo Alto, CA 94303 Telephone: (650) 248 5817 Facsimile: (650) 618 8533 Email: perry@perryclarklaw.com DATED: June 2, 2016 21 FENWICK & WEST LLP By: 22 23 24 25 26 27 /s/ Eric Ball Eric Ball, Cal. Bar. No. 241327 eball@fenwick.com William Pierog, Cal. Bar. No. 288431 wpierog@fenwick.com FENWICK & WEST LLP Silicon Valley Center 801 California Street Mountain View, CA 94041 Telephone: (650) 988-8500 Facsimile: (650) 938-5200 Attorneys for Defendant iHealth Labs, Inc. 28 STIP. AND P.O. CONT’G CMC 2 Case No. 16-CV-00231 EJD (NMC) 1 2 3 ATTESTATION Pursuant to Civil L.R. 5-1(i)(3) regarding signatures, I attest under penalty of perjury that the concurrence in the filing of this document has been obtained from its signatories. 4 5 DATED: June 2, 2016 6 FENWICK & WEST LLP By: 7 /s/ Eric Ball Eric Ball 8 9 10 MOUNTAIN VIEW 12 ATTORNEYS AT LAW F ENWICK & W EST LLP 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIP. AND P.O. CONT’G CMC 3 Case No. 16-CV-00231 EJD (NMC) 1 2 PURSUANT TO STIPULATION, IT IS SO ORDERED: Conference presently set for 6/16/2016 is hereby reset to 7/21/2016 at 10:00 AM. 3 June 6, 2016 4 DATED: ________________ 5 6 By: Hon. Edward J. Davila U.S. District Court Judge 7 8 9 10 MOUNTAIN VIEW 12 ATTORNEYS AT LAW F ENWICK & W EST LLP 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIP. AND P.O. CONT’G CMC 4 Case No. 16-CV-00231 EJD (NMC)

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