`
`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 EXTEND THE TIME TO FILE DISCOVERY
`MOTIONS RELATING TO PLAINTIFF’S APRIL 16, 2021 PRIVILEGE LOG
`
`The parties in the above-captioned matter file this joint motion seeking to further extend
`
`the deadline for Defendant, Fitbit, Inc. (“Fitbit”), to file discovery motions that relate to Plaintiff
`
`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
`
`April 16, 2021 privilege log is June 8, 2021.
`
`This joint motion is supported by good cause. The extension will permit the parties to
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`continue to meet and confer in an effort to resolve pending disputes without judicial intervention.
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`In particular, to narrow the potential issues in dispute, Philips has agreed to provide additional
`
`information substantiating its bases for asserting privilege. Thus, this extension is necessary to
`
`enable Philips to gather and provide that additional information and to provide Fitbit with a
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`reasonable period to respond. The extension will not impact any other deadlines in this matter
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`and will not cause prejudice or delay in this action. Further, all parties have agreed to this
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`extension request.
`
`
`
`Case 1:19-cv-11586-FDS Document 194 Filed 06/08/21 Page 2 of 4
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`WHEREFORE, the parties respectfully request that the Court grant this Joint Motion to
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`extend the deadline to June 18, 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 194 Filed 06/08/21 Page 3 of 4
`
`Date: June 8, 2021
`
`Respectfully Submitted,
`
`Respectfully Submitted,
`
`/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
`
`Counsel for Plaintiff
`Philips North America LLC
`
`/s/ David J. Shaw
`David J. Shaw (pro hac vice)
`dshaw@desmaraisllp.com
`DESMARAIS LLP
`1701 Pennsylvania Ave., NW, Suite 200
`Washington, D.C. 20006
`Telephone: (202) 451-4900
`Facsimile: (202) 451-4901
`
`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
`
`DESMARAIS LLP
`230 Park Avenue
`New York, NY 10169
`Telephone: (212) 351-3400
`Facsimile: (212) 351-3401
`
`Ameet A. Modi (pro hac vice)
`amodi@desmaraisllp.com
`Emily H. Chen (pro hac vice)
`echen@desmaraisllp.com
`
`DESMARAIS LLP
`101 California Street
`San Francisco, CA 94111
`Telephone: (415) 573-1900
`Facsimile: (415) 573-1901
`
`Gregory F. Corbett (BBO # 646394)
`Elizabeth A. DiMarco (BBO#681921)
`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
`
`Attorneys for Fitbit, Inc.
`
`
`
`Case 1:19-cv-11586-FDS Document 194 Filed 06/08/21 Page 4 of 4
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`SO ORDERED this __ day of _______________2021.
`
`
`
`
`
`UNITED STATES DISTRICT JUDGE
`
`
`
`LOCAL RULE 7.1(a)(2) CERTIFICATION
`
`I, Ruben Rodrigues, counsel for Plaintiff, hereby certify that counsel for Defendant met
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`and conferred with counsel for Plaintiff on June 8, 2021, wherein counsel for Plaintiff stated that
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`they agree to this extension request.
`
`/s/ Ruben J. Rodrigues
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I certify that this document is being filed through the Court’s electronic filing system,
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`which serves counsel for other parties who are registered participants as identified on the Notice
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`of Electronic Filing (NEF). Any counsel for other parties who are not registered participants are
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`being served by first class mail on the date of electronic filing.
`
`
`
`/s/ Ruben J. Rodrigues
`
`
`
`
`
`
`
`
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