`RICHARD A. SCHWARTZ(State Bar No. 267469)
`ROBERTJ. KING (State Bar No. 302545)
`KASONNI SCALES(State Bar No. 301871)
`SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
`300 South Grand Avenue, Suite 3400
`Los Angeles, California 90071-3144
`Telephone:
`(213) 687-5000
`Facsimile:
`(213) 687-5600
`
`
`
`
`
`PLAINTIFF ALIPHCOM,INC.’S NOTICE OF WITHDRAWALOF MOTION TO
`SEAL PLAINTIFF’S TRADESECRET DESIGNATION (CCP § 2019.210)
`
`ELECTRONICALLY
`FILED
`Superior Court of California,
`County of San Francisco
`08/14/2015
`Clerk of the Court
`BY:DAVID YUEN
`Deputy Clerk
`
`JACK P. DICANIO (State Bar No. 138782)
`SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
`525 University Avenue
`Palo Alto, California 94301
`Telephone:
`(650) 470-4500
`Facsimile:
`(650) 470-4570
`
`Attorneys for ALIPHCOM,INC., D/B/A
`JAWBONE
`
`SUPERIOR COURT OF THE STATE OF CALIFORNIA
`
`FOR THE COUNTY OF SAN FRANCISCO
`
`ALIPHCOM,INC. D/B/A JAWBONE,
`
`Case No. CGC-15-546004
`
`Plaintiff,
`
`Vv.
`
`FITBIT, INC.;
`KATHERINE MOGAL,;
`PATRICK NARRON;
`PATRICIO ROMANO;
`ANA ROSARIO;
`RONG ZHANG;and
`DOES| through 10, inclusive,
`
`PLAINTIFF ALIPHCOM’S NOTICE OF
`WITHDRAWALOF MOTION TO SEAL
`PLAINTIFF’S DESIGNATION OF
`TRADE SECRETS(CCP§ 2019.210)
`
`Date:
`Time:
`Dept:
`
`August 21, 2015
`9:30 am.
`302
`
`Detendants.
`
`Reservation No.:
`
`0622082 1-12
`
`Complaint Filed:
`
`May 27, 2015
`
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`25
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`26
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`27
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`28
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`28
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`26
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`27
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`25
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`On June 23, 2015, Plaintiff AliphCom,Inc. d/b/a Jawbone (“Jawbone”) filed a Notice of
`
`Motion and Motion to Seal Plaintiff's Designation of Trade Secrets (CCP § 2019.210) (the
`
`“Motion’), With its Motion, Jawbone lodged its Designation of Trade Secrets (CCP § 2019.210)
`
`(“Designation”) to be filed under seal upon the Court’s granting of the Motion.
`
`Since lodging the Designation, Jawbone has developed additional evidence oftrade secrets
`
`that were misappropriated by Defendants. Likewise, the parties have been meeting and conferring
`
`regarding objections served by the Defendants regarding the Designation. Jawbone hasnotified
`
`Defendants that it intends to serve an amended Designation, which renders mootthe iteration filed
`
`with the Court. To avoid burdening the Court with a motion that has now been mooted, Jawbone
`
`hereby withdrawsits Motion.
`
`Consistent with the procedures of this Court, Jawbonerespectfully requests that the Clerk
`
`return to its counsel any documents lodged conditionally under seal in connection with the Motion.
`
`Cf. Cal. R. Ct. 2.551(b)(6) (providing that the clerk must return any lodged records that are not to
`
`be filed under seal to the submitting party, and that the clerk must not place such lodged records in
`
`the case file unless that party notifies the clerk in writing within 10 days after the order denying the
`
`motion or application that the recordis to be filed).
`
`Dated: August 14, 2015
`
`SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
`
`By:
`
`
`/s/ Lance A. Etcheverry
`LANCE A. ETCHEVERRY
`Attorney for Plaintiff
`ALIPHCOM,INC., D/B/A JAWBONE
`
`1
`
`PLAINTIFF ALIPHCOM,INC.’S NOTICE OF WITHDRAWALOF MOTION TO
`SEAL PLAINTIFF’S TRADESECRET DESIGNATION (CCP § 2019.210)
`
`
`
`
`
`SoCC~sBBROecdDRRim
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`NeNHBMNMROORONONONwmfmhfameeSNIHDHDHH&WBBP=SF©CSFSAHADDB&BWwWYN=S&S
`
`STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
`
`PROOF OF SERVICE
`
`I am over the age of 18
`I am employed in the county of Los Angeles, State of California.
`and not a party to the within action; my business address is 300 S. Grand Avenue, Los Angeles,
`California 90071.
`
`On August 14, 2015, I served the documents describedas:
`
`PLAINTIFF ALIPHCOM’S NOTICE OF WITHDRAWAL OF MOTION TO SEAL
`PLAINTIFF’S DESIGNATION OF TRADE SECRETS(CCP § 2019.210)
`
`on the interested parties in this action addressed as follows:
`
`Michael Weil
`Orrick, Herrington & Sutcliffe LLP
`405 Howard Street
`San Francisco, California 94105
`mweil@orrick.com
`Telephone: 415-773-5700
`Facsimile: 415-773-5759
`Attorneys for Defendants
`
`(BY FEDERAL EXPRESS)I am readily familiar with the firm's practice for the daily
`x]
`collection and processing of correspondencefor deliveries with the Federal Express delivery
`service and the fact that the correspondence would be deposited with Federal Express that same
`day in the ordinary course of business; on this date, the above-referenced document wasplaced for
`deposit at Los Angeles, California and placed for collection and delivery following ordinary
`business practices.
`
`I declare under penalty of perjury under the laws of the State of California that the aboveis’
`true and correct.
`
`Executed on August 14, 2015, at Los Angeles, California.
`
`Nandi Berglund
`Type or Print Name
`
`|
`
`Signatur
`
`2
`
`PLAINTIFF ALIPHCoM,INC.’S NOTICE OF WITHDRAWAL OF MOTION TO
`
`SEAL PLAINTIFF’S TRADE SECRET DESIGNATION (CCP § 2019.210)
`
`
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