`
`
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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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`
`
`Civil Action No. 1:19-cv-11586-FDS
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`
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`
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`Defendant.
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`UNOPPOSED MOTION AND [PROPOSED] ORDER TO REFLECT NAME CHANGE
`FROM FITBIT, INC. TO FITBIT LLC
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`Defendant Fitbit, Inc. (“Fitbit”), by and through its undersigned counsel, hereby moves for
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`an order reflecting Fitbit’s recent corporate reorganization from Fitbit, Inc. to Fitbit LLC and
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`accordingly modifying the caption in this case such that the Defendant in this action shall now be
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`known as Fitbit LLC.
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`On July 31, 2021, Fitbit filed a Certificate of Conversion and Certificate of Formation with
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`the Delaware Secretary of State, in which Fitbit, Inc. converted from a corporation to a limited
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`liability company and changed its name to Fitbit LLC. Fitbit subsequently informed Plaintiff
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`Philips North America LLC (“Philips”) of its conversion and provided Philips with the
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`corresponding documentation. Upon receiving that documentation, Philips informed Fitbit that it
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`would not oppose this motion.
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`Accordingly, Fitbit requests that the Court enter an order recognizing that the Defendant
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`in this action shall now be known as Fitbit LLC and the caption shall be changed to:
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`Case 1:19-cv-11586-FDS Document 226 Filed 08/26/21 Page 2 of 4
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`PHILIPS NORTH AMERICA LLC,
`
`
`Plaintiff,
`
`Defendant.
`
`
`v.
`
`FITBIT LLC,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Civil Action No. 1:19-cv-11586-FDS
`
`
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`
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`
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`DATED: August 26, 2021
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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
`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
`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.
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`
`
`
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`Case 1:19-cv-11586-FDS Document 226 Filed 08/26/21 Page 3 of 4
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`
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`So Ordered this __ day of August, 2021
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`
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`__________________
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`
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`Case 1:19-cv-11586-FDS Document 226 Filed 08/26/21 Page 4 of 4
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`
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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 Electronic
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`Filing (NEF). Any counsel for other parties who are not registered participants are being served by
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`first class mail on the date of electronic filing.
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`
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`
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`/s/ Karim Z. Oussayef
`
`
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