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9461-10\3186858 Case No. 3:17-cv-00079 EMC 

STIPULATION AND ORDER RE ENTRY OF PRELIMINARY INJUNCTION

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

PETER M. COLOSI (State Bar No. 252951)

E-Mail: pcolosi@sideman.com

REBECCA K. FELSENTHAL (State Bar No. 303476)

E-Mail: rfelsenthal@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 RE ENTRY OF PRELIMINARY 

INJUNCTION AS TO DEFENDANT CALI 

RESOURCES

Case 3:17-cv-00079-EMC Document 56 Filed 03/01/17 Page 1 of 4
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9461-10\3186858 1 Case No. 3:17-cv-00079 EMC

STIPULATION AND ORDER RE ENTRY OF PRELIMINARY INJUNCTION

LAW OFFICES

SIDEMAN

& BANCROFT LLP

ONE EMBARCADERO CENTER, 22ND FLOOR

SAN FRANCISCO, CALIFORNIA 94111-3711

Plaintiff Fitbit, Inc. (“Fitbit”) and Defendant Cali Resources, Inc. (“Defendant Cali 

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

stipulate, and request that the Court order, as follows.

STIPULATION 

WHEREAS, the Court in the above-captioned Action entered a temporary restraining order

(“TRO”) against Defendants Laguna 2, LLC and Joel Blank (the “L2 Defendants”) on January 18, 

2017 (Dkt. No. 24), which was expanded, as set forth in the Court’s Civil Minutes dated February 

2, 2017 (Dkt. No. 41);

WHEREAS, among other things, the additional terms of the TRO required “that any sale 

of goods in question must be screened by Fitbit first; no re-sale during time of TRO if the items 

had previously been designated as scrap, nor shall any counterfeit charging cable be sold by 

Laguna 2. Fitbit shall expeditiously review any merchandise Laguna 2 seeks to clear. Fitbit shall 

provide Laguna 2 with documentation of such.” Dkt. No. 41;

WHEREAS, following a further hearing, the Court in the above-captioned Action entered 

an order, converting “the TRO previously issued (including the expanded scope) into a 

preliminary injunction” against the L2 Defendants on February 24, 2017 (the “February 24th 

Order”). Dkt. No. 52; 

WHEREAS, in the February 24th Order, the Court set a briefing and hearing schedule for 

Fitbit to move to extend the coverage of the preliminary injunctive relief to also apply to 

Defendant Cali Resources;

WHEREAS, Defendant Cali Resources represents that it has no current inventory of Fitbit 

products (with the exception of certain items in possession of U.S. Customs, as discussed by the 

Parties), and is therefore prepared to stipulate to the entry of the same preliminary injunctive relief 

as the Court ordered against the L2 Defendants in the February 24th Order; and,

WHEREAS, the Parties agree that it is preferable to focus their time and resources

discussing the possibility of an early resolution rather than on motion practice.

Accordingly, the Parties, by and through their counsel, hereby STIPULATE as follows:

1. Defendant Cali Resources has no objection to the Court extending the preliminary 

Case 3:17-cv-00079-EMC Document 56 Filed 03/01/17 Page 2 of 4
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9461-10\3186858 2 Case No. 3:17-cv-00079 EMC

STIPULATION AND ORDER RE ENTRY OF PRELIMINARY INJUNCTION

LAW OFFICES

SIDEMAN

& BANCROFT LLP

ONE EMBARCADERO CENTER, 22ND FLOOR

SAN FRANCISCO, CALIFORNIA 94111-3711

injunctive relief entered against the L2 Defendants in the February 24th Order, Dkt. No. 52, to

cover and apply equally to Defendant Cali Resources;

2. The Parties therefore jointly request that the Court enter this stipulated order,

expanding the scope of the preliminary injunctive relief in the February 24th Order, Dkt. No. 52, 

to cover and apply equally to Defendant Cali Resources; and,

3. The Parties enter this stipulation reserving all rights, and without prejudice to the 

rights, of the Parties to make any further motion, request or application to the Court as necessary 

to add, subtract, modify, or change any of the terms described above, for good cause shown.

IT IS SO STIPULATED.

DATED: February 28, 2017 SIDEMAN & BANCROFT LLP

By: /s/ Zachary J. Alinder

Zachary J. Alinder

Attorneys for Plaintiff

FITBIT, INC.

DATED: February 28, 2017 ONE LLP

By: /s/ Stephen M. Lobbin

Stephen M. Lobbin

Attorneys for Defendants

CALI RESOURCES and CARLOS KELVIN

PURSUANT TO STIPULATION, IT IS SO ORDERED. This order also disposes of the 

motion set to be heard at 10:30 a.m. on March 29, 2017, and therefore, the hearing shall be taken 

off calendar.

Dated: 

EDWARD M. CHEN

United States District Judge

March 1, 2017 

U

NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

Judge Edward M. Chen

Case 3:17-cv-00079-EMC Document 56 Filed 03/01/17 Page 3 of 4
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9461-10\3186858 3 Case No. 3:17-cv-00079 EMC

STIPULATION AND ORDER RE ENTRY OF PRELIMINARY INJUNCTION

LAW OFFICES

SIDEMAN

& BANCROFT LLP

ONE EMBARCADERO CENTER, 22ND FLOOR

SAN FRANCISCO, CALIFORNIA 94111-3711

ATTESTATION OF CONCURRENCE

I hereby attest pursuant to Civil Local Rule 5-1(i)(3) that concurrence in the electronic 

filing of this document has been obtained from the other signatory.

DATED: February 28, 2017 SIDEMAN & BANCROFT, LLP

By: /s/ Zachary J. Alinder 

 Zachary J. Alinder, Esq. 

Case 3:17-cv-00079-EMC Document 56 Filed 03/01/17 Page 4 of 4