Case 1:19-cv-11586-FDS Document 179 Filed 04/22/21 Page 1 of 4
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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 REVISE
` THE AMENDED DEADLINES ENTERED AT DOCKET NO. 177
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`The parties in the above-captioned matter file this joint motion seeking to revise the
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`Amended Deadlines entered at Docket No. 177. The Electronic Clerk’s Notes accompanying the
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`order correctly record what the parties understand to be the Court’s intended scheduling
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`modification as ordered during the April 21, 2021 Status Conference: “deadlines pushed back 30
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`days.” The parties jointly seek to revise the specific Amended Deadlines provided in Docket No.
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`177 to reflect that intent.
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`This joint motion is supported by good cause. On April 21, 2021, the Court held a status
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`conference in the above-captioned matter. Consistent with the Clerk’s Notes, the parties’ shared
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`understanding of the Court’s intent as expressed during the conference was to extend the
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`remaining case scheduling deadlines by thirty days. The Amended Deadline dates provided in
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`Docket No. 177, however, do not reflect that intent, as compared with the deadlines provided in
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`Docket No. 159. To bring the Amended Deadlines into accord with the Court’s order during the
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`status conference, the parties respectfully submit that the Amended Deadlines be revised as
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
`
`
`PHILIPS NORTH AMERICA LLC,
`
`
`Plaintiff,
`
`
`v.
`
`FITBIT, INC.,
`
`
`
`
`Defendant.
`
`
`
`
`Civil Action No. 1:19-cv-11586-FDS
`
`
`
`
`
`
`
`
`
`
`
`
`JOINT MOTION TO REVISE
` THE AMENDED DEADLINES ENTERED AT DOCKET NO. 177
`
`The parties in the above-captioned matter file this joint motion seeking to revise the
`
`Amended Deadlines entered at Docket No. 177. The Electronic Clerk’s Notes accompanying the
`
`order correctly record what the parties understand to be the Court’s intended scheduling
`
`modification as ordered during the April 21, 2021 Status Conference: “deadlines pushed back 30
`
`days.” The parties jointly seek to revise the specific Amended Deadlines provided in Docket No.
`
`177 to reflect that intent.
`
`
`
`This joint motion is supported by good cause. On April 21, 2021, the Court held a status
`
`conference in the above-captioned matter. Consistent with the Clerk’s Notes, the parties’ shared
`
`understanding of the Court’s intent as expressed during the conference was to extend the
`
`remaining case scheduling deadlines by thirty days. The Amended Deadline dates provided in
`
`Docket No. 177, however, do not reflect that intent, as compared with the deadlines provided in
`
`Docket No. 159. To bring the Amended Deadlines into accord with the Court’s order during the
`
`status conference, the parties respectfully submit that the Amended Deadlines be revised as
`
`
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`Case 1:19-cv-11586-FDS Document 179 Filed 04/22/21 Page 2 of 4
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`
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`follows1:
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`Former Deadline (D.I. 159) Current Deadline (D.I. 177)
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`Proposed Deadline
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`Close of Fact Discovery:
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`Close of Fact Discovery:
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`3/23/2021
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`4/23/2021
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`Fact Discovery Motions:
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`Fact Discovery Motions:
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`3/31/2021
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`5/3/2021
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`Opening Expert Reports:
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`Opening Expert Reports:
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`Close of Fact Discovery:
`Fact discovery remains
`closed as of March 23,
`2021.
`Fact Discovery Motions:
`The deadline for fact
`discovery motions passed
`March 31, 2021.
`Opening Expert Reports:
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`5/25/2021
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`5/27/2021
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`6/29/2021
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`Rebuttal Expert Reports:
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`Rebuttal Expert Reports:
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`Rebuttal Expert Reports:
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`7/6/2021
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`7/8/2021
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`8/10/2021
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`Close of Expert Discovery:
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`Close of Expert Discovery:
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`Close of Expert Discovery:
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`8/3/2021
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`8/3/2021
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`9/7/2021
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`Expert Discovery Motions:
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`Expert Discovery Motions:
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`Expert Discovery Motions:
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`8/10/2021
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`8/13/2021
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`9/14/2021
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`
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`The Proposed Deadlines are agreed to by both parties and will allow the parties to focus
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`expert discovery and narrow their disputes before trial.
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`WHEREFORE, the parties respectfully request that the Court grant this Joint Motion to
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`revise the Amended Deadlines entered at Docket No. 177.
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`1 The Proposed Deadlines modify the dates previously entered at Docket No. 159 by approximately thirty-day
`extension such that each deadline falls on a Tuesday.
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`Case 1:19-cv-11586-FDS Document 179 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)
`
`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
`
`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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`
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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 179 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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