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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
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`PHILIPS NORTH AMERICA LLC,
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`Plaintiff,
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`v.
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`FITBIT, INC.,
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`Defendant.
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`Civil Action No. 1:19-cv-11586-FDS
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`JOINT MOTION TO EXTEND THE TIME TO FILE DISCOVERY
`MOTIONS RELATING TO PLAINTIFF’S APRIL 16, 2021 PRIVILEGE LOG
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`The parties in the above-captioned matter file this joint motion seeking to further extend
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`the deadline for Defendant, Fitbit, Inc. (“Fitbit”), to file discovery motions that relate to Plaintiff
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`Philips North America LLC’s (“Philips) April 16, 2021 privilege log. Fact discovery in this
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`matter closed on March 23, 2021 and the current deadline for filing motions relating to Philips’s
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`April 16, 2021 privilege log is April 23, 2021.1
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`This joint motion is supported by good cause. The extension will permit the parties to
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`complete review of Philips’s April 16, 2021 privilege log and to continue to meet and confer in
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`an effort to resolve pending disputes without judicial intervention. The extension will not impact
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`any other deadlines in this matter and will not cause prejudice or delay in this action. Further, all
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`parties have agreed to this extension request.
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`WHEREFORE, the parties respectfully request that the Court grant this Joint Motion to
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`1 Philips originally served its privilege log on March 23, 2021. After the parties met and conferred on March 26,
`Philips agreed to review and amend the March 23 log. Pursuant to that agreement, the parties filed a joint motion to
`extend the deadline for filing discovery motions related to that log. D.I. 169. The Court granted that extension in its
`April 7, 2021 order. D.I. 170. Philips served its amended log on Fitbit on April 16, 2021.
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`Case 1:19-cv-11586-FDS Document 178 Filed 04/22/21 Page 2 of 4
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`extend the deadline to May 21, 2021 for Fitbit to file discovery motions related to Philips’s April
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`16, 2021 privilege log.
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`Case 1:19-cv-11586-FDS Document 178 Filed 04/22/21 Page 3 of 4
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`/s/ Ruben J. Rodrigues
`Lucas I. Silva (BBO 673,935)
`Ruben J. Rodrigues (BBO 676,573)
`John W. Custer (BBO 705,258)
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`FOLEY & LARDNER LLP
`111 Huntington Avenue
`Suite 2500
`Boston, MA 02199-7610
`Phone: (617) 342-4000
`Fax: (617) 342-4001
`lsilva@foley.com
`rrodrigues@foley.com
`jcuster@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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`Counsel for Plaintiff
`Philips North America LLC
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`DATED: April 22, 2020
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`/s/ Karim Z. Oussayef
`Karim Z. Oussayef (pro hac vice)
`koussayef@desmaraisllp.com
`Leslie M. Spencer (pro hac vice)
`lspencer@desmaraisllp.com
`Brian D. Matty (pro hac vice)
`bmatty@desmaraisllp.com
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`DESMARAIS LLP
`230 Park Avenue
`New York, NY 10169
`Telephone: (212) 351-3400
`Facsimile: (212) 351-3401
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`Ameet A. Modi (pro hac vice)
`amodi@desmaraisllp.com
`Emily H. Chen (pro hac vice)
`echen@desmaraisllp.com
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`DESMARAIS LLP
`101 California Street
`San Francisco, CA 94111
`Telephone: (415) 573-1900
`Facsimile: (415) 573-1901
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`Gregory F. Corbett (BBO # 646394)
`Elizabeth A. DiMarco (BBO#681921)
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`WOLF, GREENFIELD & SACKS, P.C.
`600 Atlantic Avenue
`Boston, MA 02110
`Telephone: (617) 646-8000
`Facsimile: (617) 646-8646
`gcorbett@wolfgreenfield.com
`edimarco@wolfgreenfield.com
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`Attorneys for Fitbit, Inc.
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`Case 1:19-cv-11586-FDS Document 178 Filed 04/22/21 Page 4 of 4
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`LOCAL RULE 7.1(a)(2) CERTIFICATION
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`I, Karim Z. Oussayef, counsel for Defendant, hereby certifies that counsel for Defendant met
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`and conferred with counsel for Plaintiff on April 22, 2021, wherein counsel for Plaintiff stated that
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`they agree to this extension request.
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`/s/ Karim Z. Oussayef
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`CERTIFICATE OF SERVICE
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`I certify that this document is being filed through the Court’s electronic filing system, which
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`serves counsel for other parties who are registered participants as identified on the Notice of
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`Electronic Filing (NEF). Any counsel for other parties who are not registered participants are being
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`served by first class mail on the date of electronic filing.
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`/s/ Gregory F. Corbett
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