William A. Delgado (Bar No. 222666) 

wdelgado@willenken.com 

WILLENKEN WILSON LOH & DELGADO LLP 

707 Wilshire Blvd., Suite 3850 

Los Angeles, California 90017 

Telephone: (213) 955-9240 

Facsimile: (213) 955-9250 

Chad E. Ziegler (Admitted Pro Hac Vice) 

chad@neustel.com 

Edward K. Runyan (Admitted Pro Hac Vice) 

edward@neustel.com 

Michelle G. Breit (Bar No. 133143) 

michelle@neustel.com 

NEUSTEL LAW OFFICES, LTD 

2534 South University Drive, Suite 4 

Fargo, North Dakota 58103 

Telephone: (701) 281-8822 

Facsimile: (701) 237-0544 

Attorneys for Plaintiffs and Counterclaim Defendants 

LAGREE TECHNOLOGIES, INC., LAGREE FITNESS, INC., 

MAXIMUM FITNESS INCORPORATED, SEBASTIEN LAGREE and SPX FITNESS, INC. 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

LAGREE TECHNOLOGIES, INC., 

LAGREE FITNESS, INC., MAXIMUM 

FITNESS INCORPORATED, AND 

SEBASTIEN LAGREE,

Plaintiffs,

v.

SPARTACUS 20TH L.P., SPARTACUS 

20TH G.P., INC., PHILIP R. PALUMBO, 

JAKOB IRION, BODYROK 

FRANCHISE, L.P., BODYROK 

FRANCHISE G.P., INC., EXERCISE 

TECHNOLOGIES, L.P., BODYROK 

MARINA, LP., SCULPT FITNESS 

BERKELEY, LLC, AND DOES 1 

THROUGH 10, INCLUSIVE,

Defendants.

CASE NO.: 3:17-CV-00795-JST

PARTIES’ STIPULATION TO EXTEND 

TIME FOR FINAL DISPOSITION UNDER

PARAGRAPH 15 OF THE GOVERNING 

PATENT LOCAL RULE 2-2 INTERIM 

MODEL PROTECTIVE ORDER AND 

[PROPOSED] ORDER
SPARTACUS 20TH L.P., SPARTACUS 

20TH G.P., INC., PHILIP R. PALUMBO, 

JAKOB IRION, BODYROK 

FRANCHISE, L.P., BODYROK 

FRANCHISE G.P., INC., EXERCISE 

TECHNOLOGIES, L.P., BODYROK 

MARINA, LP., SCULPT FITNESS 

BERKELEY, LLC, AND SPARTACUS 

LOMBARD, L.P.,

Counterclaim Plaintiffs,

v.

LAGREE TECHNOLOGIES, INC., 

LAGREE FITNESS, INC., MAXIMUM 

FITNESS INCORPORATED, AND 

SEBASTIEN LAGREE, SPX FITNESS, 

INC., AND ROES 1-10, INCLUSIVE

Counterclaim Defendants.

 TO THE HONORABLE JON S. TIGAR AND THE CLERK OF THE COURT: 

Pursuant to Rule 6-1(b) of the Civil Local Rules (L.R.), Plaintiffs and Counterclaim 

Defendants LAGREE TECHNOLOGIES, INC., LAGREE FITNESS, INC., MAXIMUM 

FITNESS INCORPORATED, SEBASTIEN LAGREE, and SPX FITNESS, INC. (“Plaintiffs”), 

and Defendants and Counterclaim Plaintiffs SPARTACUS 20TH L.P., SPARTACUS 20TH G.P., 

INC., PHILIP P. PALUMBO, JAKOB IRION, BODYROK FRANCHISE, L.P., BODYROK 

FRANCHISE G.P., INC., EXERCISE TECHNOLOGIES, L.P., BODYROK MARINA, L.P., 

SCULPT FITNESS BERKELEY, LLC, and SPARTACUS LOMBARD, L.P. (“Defendants”) 

(hereinafter collectively the “Parties”), stipulate as follows: 

WHEREAS, an Order granting the Parties’ Stipulation of Dismissal was entered on 

January 12, 2018. (D.N. 147.) 

WHEREAS, according to paragraph 15 of the governing Patent Local Rule 2-2 Interim 

Model Protective Order (“Protective Order”), “[w]ithin 60 days after [entry of the Order granting 
the Parties’ Stipulation of Dismissal], each Receiving Party must return all Protected Material to 

the Producing Party or destroy such material.” (See Protective Order, generally) 

WHEREAS, the current deadline under paragraph 15 of the Protective Order is therefore 

March 13, 2018. 

WHEREAS, the Parties have been and are presently in discussions over the preservation 

and disposition of certain materials, including electronic devices and ESI, that were produced by 

a third party individual, Ronald A. Shafii (“Shafii”), subject to a subpoena on third party Fitness 

Armada, Inc (collectively referred to herein as “Shafii Documents”). 

WHEREAS, relevant to the preservation and disposition of the Shafii Documents, 

Defendants have received litigation hold letters regarding these specific Shafii Documents from 

more than one third-party. 

WHEREAS, the Parties are also in discussions with Shaffi regarding the Shafii 

Documents. 

WHEREAS, the Parties require additional time to continue their efforts to reach an 

agreement over the preservation and disposition of such materials. 

WHEREAS, based on the foregoing, the Parties have stipulated to a forty-five (45) day 

extension of time to comply with paragraph 15 of the Protective Order, which extends the 

deadline from March 13, 2018, to Friday, April 27, 2018.

WHEREAS, prior to the dismissal of the case, the Parties have stipulated to two previous 

time modifications for Plaintiffs to file their reply to the Motion to Dismiss. (Dkt. No. 85 and 96.) 

WHEREAS, Plaintiffs were also granted one additional modification for Plaintiffs to file 

their reply to the Motion to Dismiss. (Dkt. No. 94.) 

WHEREAS, the Parties have stipulated to one previous time modification for Defendants 

to seek leave to file a sur-reply to the Motion to Dismiss. (Dkt. No. 114.) 
WHEREAS, the Parties have stipulated to four previous time modifications in connection 

with responses to the Parties’ respective pleadings on April 11, 2017 (Dkt. No. 35), May 18, 2017 

(Dkt. No. 51), June 14, 2017 (Dkt. No. 68), and July 20, 2017 (Dkt. No. 82). 

WHEREAS, this stipulation will not alter the date of any other event or any deadline 

already fixed by Court order, as this case has been dismissed. 

NOW, THEREFORE, the Parties, by and through their respective counsel, hereby 

stipulate and agree that the deadline for final disposition of Protected Material under the 

Protective Order shall be April 27, 2018. 

Dated: March 9, 2018 NEUSTEL LAW OFFICES, LTD 

/s/ Chad E. Ziegler 

Chad E. Ziegler (Pro Hac Vice) 

Edward K. Runyan (Pro Hac Vice) 

Michelle G. Breit (Bar No. 133143) 

Attorneys for Plaintiffs and Counterdefendants, LAGREE TECHNOLOGIES, 

INC., LAGREE FITNESS, INC., 

MAXIMUM FITNESS INCORPORATED, 

SEBASTIEN LAGREE, and SPX FITNESS, 

INC. 

Dated: March 9, 2018 GORDON REES SCULLY 

MANSUKHANI, LLP 

/s/ Michael D. Kanach 

Michael D. Kanach (SBN: 271215) 

 Kevin W. Alexander (SBN: 175204) 

Attorneys for Defendants and Counterplaintiffs, SPARTACUS 20TH L.P., 

 SPARTACUS 20TH G.P., INC., 

 PHILIP R. PALUMBO, 

 JAKOB IRION, 

 BODYROK FRANCHISE, L.P., 

 BODYROK FRANCHISE, G.P., INC., 

 EXERCISE TECHNOLOGIES, L.P., 

 BODYROK MARINA, LP. 

 SCULPT FITNESS BERKELEY, LLC, and 

 SPARTACUS LOMBARD, L.P. 
PURSUANT TO STIPULATION, IT IS SO ORDERED. 

DATED:_____________________ _______________________________ 

 UNITED STATES DISTRICT JUDGE 

 Honorable Jon. S. Tigar 

March 12, 2018
FILER’S ATTESTATION 

 I, Chad E. Ziegler, am an ECF user whose ID and password are being used to file this 

CIVIL L.R. 6-1(b) PARTIES’ STIPULATION TO EXTEND TIME FOR FINAL DISPOSITION 

UNDER PARAGRAPH 15 OF THE GOVERNING PATENT LOCAL RULE 2-2 INTERIM 

MODEL PROTECTIVE ORDER AND [PROPOSED ORDER]. Plaintiffs’ counsel obtained 

Defendants’ counsel’s authority prior to the filing of this document. In compliance with Civil 

L.R. 5-1(i)(3), I hereby attest that counsel for the Defendants concur in this filing. 

 /s/ Chad E. Ziegler 

 Chad E. Ziegler