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`UNITED STATES DISTRICT COURT
`DISTRICT OF MASSACHUSETTS
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`Plaintiff,
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`v.
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`PHILIPS NORTH AMERICA LLC,
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`FITBIT, INC.
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`
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`
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`Defendant.
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`C.A. No. 1:19-cv-11586-IT
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`JOINT MOTION TO EXTEND SCHEDULE
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`Case 1:19-cv-11586-IT Document 126 Filed 12/03/20 Page 2 of 4
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`Plaintiff Philips North America LLC (“Philips”) and Defendant Fitbit, Inc. (“Fitbit”)
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`respectfully jointly move the Court to extend certain deadlines set forth in the Scheduling Order,
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`(Dkt Nos. 115 and 116), as proposed in the table below. The realities of attorney, client, and expert
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`witness schedules in a work-from home situation during the COVID-19 pandemic continue to
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`complicate efforts to comply with the existing schedule. The proposed revised schedule addresses
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`some of those complications, and provides the parties with the ability to potentially craft their
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`completion of discovery with the further expected guidance of the Court’s rulings on the pending
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`Motion to Dismiss and Claim Construction order.
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`For good cause shown, the parties request the Court amend the Scheduling Order as
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`follows:
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`Event
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`Previous Deadline
`(Dkt Nos. 115/116)
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`Proposed Dates
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`Fact Discovery.
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`Close of fact discovery
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`December 11, 2020
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`February 23, 2020
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`Supplemental disclosures under
`Rule 26(e)
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`Deadline for fact discovery
`motions
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`Expert Discovery.
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`Opening expert reports regarding
`issues as to which a party bears
`the burden shall be filed
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`Rebuttal expert reports
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`Close of expert discovery,
`including expert depositions
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`Deadline for expert discovery
`motions
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`December 11, 2020
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`January 22, 2021
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`December 18, 2020
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`March 3, 2021
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`January 22, 2021
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`March 30, 2021
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`March 4, 2021
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`April 2, 2021
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`May 11, 2021
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`June 8, 2021
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`April 9, 2021
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`June 15, 2021
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`2
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`Case 1:19-cv-11586-IT Document 126 Filed 12/03/20 Page 3 of 4
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`Dispositive Motions. Dispositive
`motions, such as motions for
`summary judgment or partial
`summary judgment and motions
`for judgment on the pleadings
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`May 21, 2021
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`July 27, 2021
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`Initial Pretrial Conference.
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`September 17, 2021
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`November 19, 2021 or
`at the Court’s
`convenience.
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`Dated: December 3, 2020
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`Respectfully submitted,
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`PHILIPS NORTH AMERICA LLC,
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`By its attorneys,
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`/s/ Ruben J. Rodrigues
`Ruben Rodrigues (BBO 676,573)
`Lucas I. Silva (BBO 673,935)
`John Custer (BBO 705,258)
`FOLEY & LARDNER LLP
`111 Huntington Avenue
`Suite 2500
`Boston, MA 02199-7610
`Phone: (617) 342-4000
`Fax: (617) 342-4001
`rrodrigues@foley.com
`lsilva@foley.com
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`Eley O. Thompson (pro hac vice)
`FOLEY & LARDNER LLP
`321 N. Clark Street
`Suite 2800
`Chicago, IL 60654-5313
`Phone: (312) 832-4359
`Fax: (312) 832-4700
`ethompson@foley.com
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`FITBIT, INC.
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`By Its Attorneys,
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`/s/ Dave Beckwith
`Yar R. Chaikovsky
`yarchaikovsky@paulhastings.com
`Dave Beckwith
`davidbeckwith@paulhastings.com
`David Okano
`davidokano@paulhastings.com
`Radhesh Devendran
`radheshdevendran@paulhastings.com
`Berkeley Fife
`berkeleyfife@paulhastings.com
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`PAUL HASTINGS LLP
`1117 S. California Avenue
`Palo Alto, California 94304-1106
`Telephone: 1(650) 320-1800
`Facsimile: 1(650) 320-1900
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`Jennifer B. Furey (BBO # 634174)
`Andrew T. O’Connor (BBO # 664811)
`GOULSTON & STORRS PC
`400 Atlantic Avenue
`Boston, MA 02110
`Telephone: (617) 482-1776
`Facsimile: (617) 574-4112
`jfurey@goulstonstorrs.com
`aoconnor@goulstonstorrs.com
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`3
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`Case 1:19-cv-11586-IT Document 126 Filed 12/03/20 Page 4 of 4
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a true and correct copy of the above document was
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`served on December 3, 2020 on counsel for Defendant via electronic mail.
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`/s/ Ruben J. Rodrigues
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`4
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