Filed: Dec. 01, 2017
Latest Update: Dec. 01, 2017
Summary: STIPULATION AND ORDER TO SET BRIEFING SCHEDULE AND HEARING FOR SUMMARY JUDGMENT MOTION EDWARD M. CHEN , District Judge . Pursuant to Civil Local Rules 6-1(b) and 6-2, Plaintiff and Counter-Defendant Fitbit, Inc. ("Fitbit") and Defendant and Counterclaimant Cali Resources, Inc., Defendant Carlos Kelvin, and Defendant Great Value, LLC (together the "Cali Defendants" and collectively with Fitbit, the "Parties"), by and through their respective counsel of record, hereby stipulate as follows: W
Summary: STIPULATION AND ORDER TO SET BRIEFING SCHEDULE AND HEARING FOR SUMMARY JUDGMENT MOTION EDWARD M. CHEN , District Judge . Pursuant to Civil Local Rules 6-1(b) and 6-2, Plaintiff and Counter-Defendant Fitbit, Inc. ("Fitbit") and Defendant and Counterclaimant Cali Resources, Inc., Defendant Carlos Kelvin, and Defendant Great Value, LLC (together the "Cali Defendants" and collectively with Fitbit, the "Parties"), by and through their respective counsel of record, hereby stipulate as follows: WH..
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STIPULATION AND ORDER TO SET BRIEFING SCHEDULE AND HEARING FOR SUMMARY JUDGMENT MOTION
EDWARD M. CHEN, District Judge.
Pursuant to Civil Local Rules 6-1(b) and 6-2, Plaintiff and Counter-Defendant Fitbit, Inc. ("Fitbit") and Defendant and Counterclaimant Cali Resources, Inc., Defendant Carlos Kelvin, and Defendant Great Value, LLC (together the "Cali Defendants" and collectively with Fitbit, the "Parties"), by and through their respective counsel of record, hereby stipulate as follows:
WHEREAS, the Cali Defendants filed a motion for summary judgment on November 21, 2017, ECF No. 141;
WHEREAS, the hearing on the Cali's motion for summary judgment was initially set for January 11, 2018 and then rescheduled for January 10, 2018;
WHEREAS, any opposition to the summary judgment motion would otherwise be due on December 5th and any reply due on December 12th;
WHEREAS, Fitbit filed an ex parte application, ECF No. 148, on November 27, 2017 to, inter alia, continue the hearing on the summary judgment motion and to extend Fitbit's opposition deadline; and,
WHEREAS, while the Parties reserve rights to seek further modification or continuance for good cause, the Parties wish to resolve this dispute by submitting this stipulation and proposed order rescheduling the hearing and setting a briefing schedule to allow for sufficient discovery to occur following the January 12, 2018 Settlement Conference.
NOW, THEREFORE, IT IS HEREBY STIPULATED, by and between the Parties, through their respective counsel of record, that the hearing on Cali's motion for summary judgment should be continued to April 19, 2018 and that the briefing schedule set as follows: Fitbit shall file any opposition papers by March 22, 2018 and the Cali Defendants shall file any reply papers by April 5, 2018. In light of this stipulation, the Parties further stipulate that Fitbit's ex parte application, ECF No. 148, may be withdrawn as moot.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
ECF ATTESTATION
I, Zachary J. Alinder, attest that concurrence in e-filing this STIPULATION AND [PROPOSED] ORDER TO SET BRIEFING SCHEDULE AND HEARING FOR SUMMARY JUDGMENT MOTION has been obtained from the signatories above, in compliance with Civil L.R. 5.1.
