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9461-10\3359801 Case No. 3:17-cv-00079-EMC (EDL)

JOINT STIPULATED REQUEST AND ORDER TO EXTEND 

SETTLEMENT CONFERENCE DEADLINE

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

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.

JASON R. BARTLETT (State Bar No. 214530) 

jbartlett@mkwllp.com 

MARC J. PERNICK (State Bar No. 160591) 

mpernick@mkwllp.com 

MAURIEL KAPOUYTIAN WOODS LLP 

275 Battery Street, Suite 480 San Francisco, 

California 94111 Telephone: 415-738-6228 

Facsimile: 415-738-2315 

SHERMAN W. KAHN (State Bar No. 168924) 

skahn@mkwllp.com 

15 W. 26th Street, 7th Floor 

New York, NY 10010 

Telephone: 212-529-5131 Facsimile: 212-529-

5132 

Attorneys for Defendants 

LAGUNA 2, LLC, and 

JOEL BLANK 

Stephen M. Lobbin (SBN 181195)

slobbin@onellp.com

ONE LLP

4000 MacArthur Boulevard

East Tower, Suite 500

Newport Beach, California 92660

Tel: 949.502.2870

Fax: 949.258.5081

Attorneys for Defendants

Cali Resources, Inc., Carlos Kelvin, and Great 

Value LLC

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

FITBIT, INC., a Delaware Corporation,

Plaintiff,

v.

LAGUNA 2, LLC, et al.,

Defendants.

Case No. 3:17-cv-00079 EMC (EDL)

JOINT STIPULATED REQUEST AND 

[PROPOSED] ORDER TO BRIEFLY 

EXTEND SETTLEMENT CONFERENCE

DEADLINE PURSUANT TO CIV. L.R. 6- 1(B) AND 6-2

and resetting status 

conference
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9461-10\3359801 1 Case No. 3:17-cv-00079-EMC (EDL)

JOINT STIPULATED REQUEST AND ORDER TO EXTEND 

SETTLEMENT CONFERENCE DEADLINE

LAW OFFICES

SIDEMAN

& BANCROFT LLP

ONE EMBARCADERO CENTER, 22ND FLOOR

SAN FRANCISCO, CALIFORNIA 94111-3711

Pursuant to Civil L.R. Rules 6-1(b) and 6-2 and the Court’s Case Management Order, Dkt.

No. 86, Plaintiff Fitbit, Inc. (“Fitbit”) and Defendants Cali Resources, Inc., Carlos Kelvin, and 

Great Value, LLC (together “Cali”), as well as Defendants Laguna 2, LLC and Joel Blank 

(together “L2,” and collectively with Cali and Fitbit, the “Parties”) hereby respectfully submit the 

following joint stipulated request and proposed order, requesting that the Court briefly extend the 

deadline for the Parties to hold the settlement conference for good cause set forth in more detail 

below. The Parties have also concurrently filed the Declaration of Zachary Alinder in Support of 

this Stipulation and Proposed Order (“Alinder Decl.), as required by Civ. L.R. 6-2(a).

I. PRELIMINARY STATEMENT RE STIPULATED REQUEST FOR EXTENSION

Through this joint stipulated request, pursuant to Civ. L.R. Rule 6-1(b) and 6-2, the Parties 

respectfully request that the Court briefly extend the deadline for the Parties to complete a 

settlement conference to November 8, 2017. For the reasons set forth below, the Parties stipulate 

that this brief extension would enable the Parties to schedule a later conference, in which all 

defendants can participate, but which will still conclude before the next case management 

conference scheduled before the Court on November 9. In addition, the Parties have not 

previously requested any extension of the deadline to complete the settlement conference in this 

Action. Accordingly, the Parties stipulate and respectfully submit that good cause exists here for 

the requested extension because it would further the goals of the Court’s ADR processes and also 

help conserve the resources and time of the Court and the Parties, while still preserving the 

broader case management schedule set by the Court in its Case Management Order, Dkt. No. 86. 

II. RELEVANT BACKGROUND

On June 8, 2017, the Court held a case management conference in the above captioned 

case. (Dkt. No. 85.) In the Case Management Order issued following the conference, the Court 

set a deadline of October 13, 2017 to complete a settlement conference and set a further status 

conference for November 9, 2017. (Dkt. No. 86.) 

Subsequently Magistrate Judge Laporte issued an order setting a settlement conference for 

September 20, 2017. (Dkt. No 89.)
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9461-10\3359801 2 Case No. 3:17-cv-00079-EMC (EDL)

JOINT STIPULATED REQUEST AND ORDER TO EXTEND 

SETTLEMENT CONFERENCE DEADLINE

LAW OFFICES

SIDEMAN

& BANCROFT LLP

ONE EMBARCADERO CENTER, 22ND FLOOR

SAN FRANCISCO, CALIFORNIA 94111-3711

On July 21, 2017, Fitbit filed a Second Amended Complaint. (Dkt. No. 92.) The Second 

Amended Complaint added eleven new defendants to the suit. On August 21, 2017, Defendants 

L2 and Cali moved to dismiss. (Dkt. Nos. 99, 101.) The hearing on those motions is currently 

scheduled for September 28, 2017, which is eight days after the currently scheduled settlement 

conference.

While Fitbit has served new defendants, they have not yet appeared or responded to the 

Second Amended Complaint. (Dkt. Nos. 102-06.) It is unclear if they intend to participate in the 

settlement conference currently scheduled for September 20, 2017.

III. GOOD CAUSE EXISTS FOR THE COURT TO BRIEFLY EXTEND THE 

DEADLINE TO HOLD THE SETTLEMENT CONFERENCE 

L2 and Fitbit have previously attended two settlement conferences related to this dispute,

which were conducted in the District of New Jersey. Cali was represented and participated in the 

second conference. Based on that experience, the Parties have conferred and agree that the next 

settlement conference is substantially more likely to be fruitful if conducted after: (1) the hearing 

on Defendants’ pending motions to dismiss (set for September 28, 2017), and (2) the remaining 

Defendants have appeared and confirm they can participate.

However, the Parties have met and conferred and have been unable to identify a suitable 

date before the October 13, 2017 deadline that is available to Judge Laporte and to all Parties. In 

addition, due to a trial scheduled in late October and other commitments, Cali is unavailable to 

conduct a settlement conference during the weeks of October 9, 16, and 23. Finally, it is unclear 

whether the newly-added Defendants are available for, and would appear, in any event for the 

currently-scheduled September 20, 2017 settlement conference date, since they have not appeared 

in the case at this point. In addition, the Parties have submitted a declaration in support, setting 

forth the items required by Civil L.R. 6-2(a)(1)-(3), by concurrently filing the Alinder Decl. 

Accordingly, the Parties hereby stipulate and respectfully request that the Court reset the 

deadline for completing a settlement conference to November 8, 2017. This deadline would 

enable the Parties to schedule a later conference in which all defendants can participate, but which 
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9461-10\3359801 3 Case No. 3:17-cv-00079-EMC (EDL)

JOINT STIPULATED REQUEST AND ORDER TO EXTEND 

SETTLEMENT CONFERENCE DEADLINE

LAW OFFICES

SIDEMAN

& BANCROFT LLP

ONE EMBARCADERO CENTER, 22ND FLOOR

SAN FRANCISCO, CALIFORNIA 94111-3711

will still conclude before the next case management conference scheduled before the Court on 

November 9. As such, the Parties stipulate and agree that there is good cause to grant the 

requested extension, as it would further the goals of ADR here and also help conserve the 

resources and time of the Court and the Parties. 

IT IS SO STIPULATED pursuant to Civ. L.R. 6-1(b) and 6-2.

DATED: September 6, 2017 SIDEMAN & BANCROFT LLP

By: /s/ Zachary J. Alinder

Zachary J. Alinder

SIDEMAN & BANCROFT LLP

Attorneys for Plaintiff

FITBIT, INC.

DATED: September 6, 2017 MAURIEL KAPOUYTIAN WOODS LLP

By: /s/ Jason R. Bartlett

Jason R. Bartlett 

Mauriel Kapouytian Woods LLP

Attorneys for Defendants

LAGUNA 2, LLC and JOEL BLANK

DATED: September 6, 2017 ONE LLP

By: /s/ Stephen M. Lobbin

Stephen M. Lobbin

One LLP

Attorneys for Defendants

CALI RESOURCES, INC. and CARLOS KELVIN 

and GREAT VALUE, LLC
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9461-10\3359801 4 Case No. 3:17-cv-00079-EMC (EDL)

JOINT STIPULATED REQUEST AND ORDER TO EXTEND 

SETTLEMENT CONFERENCE DEADLINE

LAW OFFICES

SIDEMAN

& BANCROFT LLP

ONE EMBARCADERO CENTER, 22ND FLOOR

SAN FRANCISCO, CALIFORNIA 94111-3711

ORDER

PURSUANT TO STIPULATION, the deadline for the Parties to complete the settlement 

conference shall be extended from October 13, 2017 to November 8, 2017. IT IS SO 

ORDERED.

Dated: 

EDWARD M. CHEN

United States District Judge

Status conference is reset from 11/9/2017 to 

Tuesday 11/21/2017 at 10:30 a.m. An updated joint 

status report shall be filed by 11/14/2017. 9/8/2017

U

NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

AS MODIFIED

Judge Edward M. Chen
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9461-10\3359801 5 Case No. 3:17-cv-00079-EMC (EDL)

JOINT STIPULATED REQUEST AND ORDER TO EXTEND 

SETTLEMENT CONFERENCE DEADLINE

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 JOINT STIPULATED 

REQUEST AND [PROPOSED] ORDER TO BRIEFLY EXTEND SETTLEMENT 

CONFERENCE DEADLINE PURSUANT TO CIV. L.R. 6-1(B) AND 6-2 has been obtained 

from the signatories above, in compliance with Civil L.R. 5.1.

DATED: September 6, 2017 SIDEMAN & BANCROFT LLP

By: /s/ Zachary J. Alinder

Zachary J. Alinder

SIDEMAN & BANCROFT LLP

Attorneys for Plaintiff

FITBIT, INC.