`
`
`JEAN-PAUL CIARDULLO, CA Bar No. 284170
` jciardullo@foley.com
`FOLEY & LARDNER LLP
`555 South Flower Street, Suite 3300
`Los Angeles, CA 90071
`Telephone: 213-972-4500
`Facsimile: 213-486-0065
`
`ELEY O. THOMPSON (pro hac vice)
` ethompson@foley.com
`FOLEY & LARDNER LLP
`321 N. Clark Street, Suite 2800
`Chicago, IL 60654-5313
`Telephone: 312-832-4359
`Facsimile: 312-83204700
`
`Attorneys for Plaintiff
`Philips North America LLC
`
`
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`WESTERN DIVISION
`
` Case No. 2:19-cv-06301-AB-KS
`JOINT STIPULATION REGARDING
`THE FILING OF AN AMENDED
`COMPLAINT
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`Philips North America LLC,
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`Plaintiff,
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`vs.
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`Garmin International, Inc.
`Garmin USA, Inc. and Garmin Ltd.,
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`
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`Defendants.
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`4831-5461-2138.1
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`Case 2:19-cv-06301-AB-KS Document 43 Filed 12/03/19 Page 2 of 3 Page ID #:513
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`Plaintiff Philips North America LLC (“Philips”), and Defendants Garmin
`International, Inc. and Garmin Ltd. (collectively “Garmin”) hereby jointly and respectfully
`stipulate to vacate certain upcoming pleading deadlines, and agree that Philips may file an
`Amended Complaint as follows.
`Whereas Philips filed the Original Complaint on July 22, 2019. (Dkt. 1.)
`Whereas Garmin International, Inc. filed an Answer to the Original Complaint and
`Counterclaim on August 7, 2019. (Dkt. 23.)
`Whereas Philips moved to dismiss Garmin International, Inc.’s Counterclaim on
`September 18, 2019 (Dkt. 29), and the Court granted-in-part Philips’s motion to dismiss
`on November 25, 2019 (Dkt. 42). In its Order, the Court granted Garmin International,
`Inc. leave to file an Amended Answer to the Original Complaint on or before December
`16, 2019. (See id. at 9.)
`Whereas Garmin Ltd. filed its Answer and Counterclaims to the Original Complaint
`on November 15, 2019. (Dkt. 41.) Philips’s deadline to answer or otherwise respond to
`Garmin LTD.’s counterclaims is December 6, 2019. See Fed. R. Civ. P. 12(a)(1)(B).
`Whereas Philips has requested and Garmin has consented to the filing of an
`Amended Complaint on or before December 9, 2019. The parties, therefore, agree that
`Philips’s deadline for responding to Garmin Ltd.’s Answer to the Original Complaint and
`Counterclaims and Garmin International, Inc.’s deadline for filing an Amended Answer to
`Philips’s Original Complaint should be vacated, to allow Philips to file an Amended
`Complaint and to allow both defendants to respond to the Amended Complaint.
`THEREFORE, the parties respectfully request that their deadlines relative to Garmin
`Ltd.’s Answer and Counterclaims and the Court’s Order on Philips’s motion to dismiss
`Garmin International Inc.’s counterclaim be vacated. The parties further request that
`Philips be permitted to file an Amended Complaint on or before December 9, 2019, and
`that defendants Garmin International, Inc. and Garmin Ltd.’s deadline to answer, move or
`otherwise respond to the Amended Complaint be December 30, 2019.
`A Proposed Order is filed herewith.
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`4831-5461-2138.1
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` STIPULATION
`CASE NO. 2:19-cv-06301-AB-KS
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`Case 2:19-cv-06301-AB-KS Document 43 Filed 12/03/19 Page 3 of 3 Page ID #:514
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` DATED: December 3, 2019
`
`FOLEY & LARDNER LLP
`
`/s/ Jean-Paul Ciardullo
`Jean-Paul Ciardullo
`Eley O. Thompson
`Lucas I. Silva
`FOLEY & LARDNER LLP
`Attorneys for Plaintiff
`Philips North America, LLC
`
`
`LAMKIN IP DEFENSE
`
`/s/ Rachael D. Lamkin
`Rachael D. Lamkin (246066)
`LAMKIN IP DEFENSE
`Attorney for Defendant
`Garmin USA, Inc.
`
` Rachael Lamkin authorized my firm to electronically file this document.
`
` /s/ Jean-Paul Ciardullo
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`STIPULATION
`CASE NO. 2:19-cv-06301-AB-KS
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