1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

9461-10\3281837 1 Case No. 3:17-cv-00079-EMC

STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR FITBIT TO RESPOND

LAW OFFICES

SIDEMAN

& BANCROFT LLP

ONE EMBARCADERO CENTER, 22ND FLOOR

SAN FRANCISCO, CALIFORNIA 94111-3711

JEFFREY C. HALLAM (State Bar No. 161259)

E-Mail: jhallam@sideman.com

ZACHARY J. ALINDER (State Bar No. 209009)

E-Mail: zalinder@sideman.com

ELLEN P. LIU (State Bar No. 280459)

Email: eliu@sideman.com

SIDEMAN & BANCROFT LLP

One Embarcadero Center, Twenty-Second Floor

San Francisco, California 94111-3711

Telephone: (415) 392-1960

Facsimile: (415) 392-0827

Attorneys for Plaintiff

FITBIT, INC.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

FITBIT, INC., a Delaware Corporation,

Plaintiff,

v.

LAGUNA 2, LLC, A New Jersey Limited 

Liability Company; JOEL BLANK, an 

individual; CALI RESOURCES, INC., a 

California Corporation; CARLOS KELVIN, 

an individual; and, DOES 3-30, inclusive,

Defendants.

Case No. 3:17-cv-00079-EMC

STIPULATION AND [PROPOSED] 

ORDER TO EXTEND TIME FOR FITBIT 

TO RESPOND TO CALI’S ANSWER AND 

COUNTERCLAIMS

Judge: Honorable Edward M. Chen

Dept.: Courtroom 5, 17th Floor

CALI RESOURCES, INC., a California 

Corporation,

Counterclaimant,

v.

FITBIT, INC., a Delaware Corporation,

Counter-Defendant.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

9461-10\3281837 2 Case No. 3:17-cv-00079-EMC

STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR FITBIT TO RESPOND

LAW OFFICES

SIDEMAN

& BANCROFT LLP

ONE EMBARCADERO CENTER, 22ND FLOOR

SAN FRANCISCO, CALIFORNIA 94111-3711

Pursuant to Civil Local Rule 6-1, Plaintiff and Counter-Defendant Fitbit, Inc. (“Fitbit”) and 

Defendant and Counterclaimant Cali Resources and Defendant Carlos Kelvin (together, “Cali” and 

collectively with Fitbit, the “Parties”), by and through their respective counsel of record, hereby 

stipulate as follows:

WHEREAS, Cali filed its Answer and Counterclaims, Dkt No. 87, on May 9, 2017; 

WHEREAS, Fitbit currently has until June 13, 2017 to answer, move, or otherwise respond 

to Cali’s Answer and Counterclaims, and currently plans to file a Motion to Strike and/or Dismiss;

WHEREAS, given the anticipated amendment of the First Amended Complaint, which is 

due to be filed by Fitbit on or before July 14, 2017, and that Cali will then file an updated response 

to the Second Amended Complaint that will supersede its current Answer and Counterclaims, Dkt 

No. 87; 

WHEREAS, following the case management conference today, Fitbit and Cali have further 

met and conferred regarding Cali’s Answer and Counterclaims and Fitbit’s response, and would 

like to continue that meet and confer process; 

WHEREAS, Fitbit similarly expects to meet and confer with Defendants Laguna 2, LLC 

and Joel Blank regarding their anticipated response to the Second Amended Complaint and any 

potential counterclaims;

WHEREAS, the Parties wish to avoid potentially unnecessary motion practice, given that 

the superseding response from Cali may affect and possibly moot some of the bases for Fitbit’s 

planned Motion to Strike and/or Dismiss; and,

WHEREAS, extending the deadline for Fitbit to respond to Cali’s answer and/or 

counterclaims until 14 days after Cali files its upcoming response to Fitbit’s Second Amended 

Complaint will not alter the date of any event or any deadline already fixed by Court order.

NOW, THEREFORE, IT IS HEREBY STIPULATED, by and between the Parties, 

through their respective counsel of record, that Fitbit’s deadline to respond to any answer or 

counterclaims filed by Cali shall be extended and shall now be due 14 days after Cali files its 

response to Fitbit’s Second Amended Complaint.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

9461-10\3281837 3 Case No. 3:17-cv-00079-EMC

STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR FITBIT TO RESPOND

LAW OFFICES

SIDEMAN

& BANCROFT LLP

ONE EMBARCADERO CENTER, 22ND FLOOR

SAN FRANCISCO, CALIFORNIA 94111-3711

IT IS SO STIPULATED.

DATED: June 8, 2017 SIDEMAN & BANCROFT LLP

By: /s/ Zachary J. Alinder

Zachary J. Alinder

SIDEMAN & BANCROFT LLP

Attorneys for Plaintiff and Counter-Defendant

FITBIT, INC.

DATED: June 8, 2017 ONE LLP

By: /s/ Stephen M. Lobbin

 Stephen M. Lobbin

ONE LLP

Attorneys for Defendant and Counterclaimant

CALI RESOURCES and Defendant

CARLOS KELVIN

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: 

EDWARD M. CHEN

United States District Judge

6/13/17

U

NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

Judge Edward M. Chen
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

9461-10\3281837 4 Case No. 3:17-cv-00079-EMC

STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR FITBIT TO RESPOND

LAW OFFICES

SIDEMAN

& BANCROFT LLP

ONE EMBARCADERO CENTER, 22ND FLOOR

SAN FRANCISCO, CALIFORNIA 94111-3711

ECF ATTESTATION

I, Zachary J. Alinder, attest that concurrence in e-filing this STIPULATION AND 

[PROPOSED] ORDER TO EXTEND TIME FOR FITBIT TO RESPOND TO CALI’S 

ANSWER AND COUNTERCLAIMS has been obtained from the signatories above, in 

compliance with Civil L.R. 5.1.

DATED: June 8, 2017 SIDEMAN & BANCROFT LLP

By: /s/ Zachary J. Alinder

Zachary J. Alinder

SIDEMAN & BANCROFT LLP

Attorneys for Plaintiff and Counter-Defendant

FITBIT, INC.