Attia v. Oura Ring, Inc. et al

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019438.0001 4923-5360-4979.5 1 Case No. 4:23-cv-03433-HSG
STIPULATION TO EXTEND CERTAIN DISCOVERY AND DISPOSITIVE MOTION DEADLINES;
ORDER
C O B L E N T Z
P A T C H
D U F F Y
& BA S S
L L P
O n e
M o n t g o m e r y
S t r e e t ,
S u i t e
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RICHARD R. PATCH (State Bar No. 88049)
CHARMAINE G. YU (State Bar No. 220579)
BENJAMIN C. PULLIAM (State Bar No. 294628)
SARAH E. PETERSON (State Bar No. 309733)
OLIVER W. HAMILTON (State Bar No. 340054)
EVAN CAMPBELL (State Bar No. 342223)
COBLENTZ PATCH DUFFY & BASS LLP
One Montgomery Street, Suite 3000
San Francisco, California 94104-5500
Telephone: 415.391.4800
Facsimile: 415.989.1663
Email: ef-rrp@cpdb.com
ef-cgy@cpdb.com
ef-bcp@cpdb.com
ef-sep@cpdb.com
ef-owh@cpdb.com
ef-egc@cpdb.com
Attorneys for Plaintiff
DR. PETER ATTIA
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION
DR. PETER ATTIA,
Plaintiff,
v.
OURA RING, INC., and OURA HEALTH
LTD.,
Defendants.
Case No. 4:23-cv-03433-HSG
STIPULATION TO EXTEND CERTAIN
DISCOVERY AND DISPOSITIVE
MOTION DEADLINES; ORDER
Local Civ. R. 6-1, 6-2, 7-12
Judge: Hon. Haywood S. Gilliam, Jr.
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
Case 4:23-cv-03433-HSG Document 124 Filed 10/21/25 Page 1 of 6

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019438.0001 4923-5360-4979.5 2 Case No. 4:23-cv-03433-HSG
STIPULATION TO EXTEND CERTAIN DISCOVERY AND DISPOSITIVE MOTION DEADLINES;
ORDER
C O B L E N T Z
P A T C H
D U F F Y
& BA S S
L L P
O n e
M o n t g o m e r y
S t r e e t ,
S u i t e
3 0 0 0 ,
S a n
F r a n c i s c o ,
C a l i f o r n i a
9 4 1 0 4

5 5 0 0
4 1 5 . 3 9 1 . 4 8 0 0

•
F a x
4 1 5 . 9 8 9 . 1 6 6 3
Pursuant to Civil Local Rules 6-1, 6-2 and 7-12, the Parties hereby stipulate to and request that
the Court permit Plaintiff Dr. Peter Attia (“Attia”) and Defendants Oura Health Ltd. and Oura Ring,
Inc. (collectively, “Oura”) (collectively with Attia, the “Parties”) to take the deposition of a non-party,
Matthew Walker, after the fact discovery deadline as well as enlarge the time for the Parties to comply
with the expert discovery and dispositive motion deadlines set forth in the Court’s Scheduling Order
(ECF 63):
WHEREAS, on May 27, 2025, the Court issued the Scheduling Order;
WHEREAS, since that date, the Parties have diligently and collaboratively engaged in
efforts to litigate their respective cases within the timelines set by the Court;
WHEREAS, Attia has produced seven volumes of documents, and Oura has produced five
volumes of documents, collectively totaling over 11,500 documents;
WHEREAS, Oura has served 52 requests for admission, and Attia has served 46 requests
for admission;
WHEREAS, Oura has served 34 interrogatories, and Attia has served 32 interrogatories;
WHEREAS, the Parties have collaborated extensively on scheduling and conducting
depositions of both parties and non-parties;
WHEREAS, as of the date of this Stipulation, the parties have collectively conducted
seven depositions with approximately four more scheduled before October 28, 2025;
WHEREAS, the parties have managed to informally resolve the majority of their discovery
disputes without intervention from the Court or the assigned Magistrate Judge;
WHEREAS, the Parties have also retained experts and are diligently working with them to
produce the expert reports in a timely manner;
WHEREAS, despite the Parties’ consistent and good-faith efforts to abide by the deadlines
set by the Court, the Parties agree there is good cause to adjust certain case deadlines;
WHEREAS, the fact discovery cut off in this case is October 24, 2025;
WHEREAS, the Parties anticipate they will largely complete fact discovery by that date,
except for the deposition of Eurie Kim, which the Court ordered may occur on October 28, 2025;
Case 4:23-cv-03433-HSG Document 124 Filed 10/21/25 Page 2 of 6

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019438.0001 4923-5360-4979.5 3 Case No. 4:23-cv-03433-HSG
STIPULATION TO EXTEND CERTAIN DISCOVERY AND DISPOSITIVE MOTION DEADLINES;
ORDER
C O B L E N T Z
P A T C H
D U F F Y
& BA S S
L L P
O n e
M o n t g o m e r y
S t r e e t ,
S u i t e
3 0 0 0 ,
S a n
F r a n c i s c o ,
C a l i f o r n i a
9 4 1 0 4

5 5 0 0
4 1 5 . 3 9 1 . 4 8 0 0

•
F a x
4 1 5 . 9 8 9 . 1 6 6 3
WHEREAS, the Parties also seek to depose non-party Matthew Walker who due to
scheduling conflicts cannot sit for a deposition until November 4, 2025;
WHEREAS, On October 6, 2025 Attia issued a notice of deposition for Oura’s general
counsel Avonte Campinha-Bacote. On October 7, 2025, the parties submitted a joint letter brief to
the Court addressing Attia’s request for a deposition of Mr. Campinha-Bacote. The court has yet
to issue an order on the joint letter brief;
WHEREAS, under Local Rule 37-3, “a ‘discovery cut-off’ is the date . . . by which all
depositions must be concluded[]”;
WHEREAS, the deadline to exchange opening expert reports is November 8, 20251, which
is approximately two weeks after the fact discovery deadline;
WHEREAS, the testimony of Eurie Kim and Matt Walker is relevant to the parties’
upcoming expert reports, and both Parties’ experts will benefit from a minor continuance of the
opening expert report deadline to November 21, 2025, in order to incorporate materials from fact
discovery into their reports;
WHEREAS, in the interest of fairness and continuity, if the Court grants this minor
continuance, then the Parties also request to adjust the remaining schedule accordingly as set forth
below;
WHEREAS, the Parties are also diligently pursuing a date to complete the court-mandated
alternative dispute resolution process;
WHEREAS, given the pre-exiting case deadlines and events, including depositions, as well
as travel schedules, the Parties propose a minor continuance of the deadline to complete ADR to
December 19, 2025;
WHEREAS, the deadline for the hearing on dispositive motions is January 22, 2026;
WHEREAS, Local Rule 7-2(a) requires that “all motions must be filed, served and noticed
in writing . . . for hearing not less than 35 days after filing of the motion.”
1 The Parties note that this deadline falls on a Saturday. If the Court rejects this Stipulation, the
Parties will construe this deadline to fall on that Friday – November 7, 2025.
Case 4:23-cv-03433-HSG Document 124 Filed 10/21/25 Page 3 of 6

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019438.0001 4923-5360-4979.5 4 Case No. 4:23-cv-03433-HSG
STIPULATION TO EXTEND CERTAIN DISCOVERY AND DISPOSITIVE MOTION DEADLINES;
ORDER
C O B L E N T Z
P A T C H
D U F F Y
& BA S S
L L P
O n e
M o n t g o m e r y
S t r e e t ,
S u i t e
3 0 0 0 ,
S a n
F r a n c i s c o ,
C a l i f o r n i a
9 4 1 0 4

5 5 0 0
4 1 5 . 3 9 1 . 4 8 0 0

•
F a x
4 1 5 . 9 8 9 . 1 6 6 3
WHEREAS, under the current Scheduling Order, the deadline to file a dispositive motion
is December 18, 2025;
WHEREAS, any opposition would be due on or about January 1, 2026;
WHEREAS, Parties’ counsel each have pre-planned family vacations between December
20 and January 1, 2026;
WHEREAS, the Parties respectfully request that the dispositive motion hearing deadline
be reset February 26, 2026 with the last date to file any dispositive motion to be set to January 22,
2026;
WHEREAS, the Parties’ proposed changes to the dispositive motion-related dates comply
with the Court’s guidance in its Civil Standing Order, which provides there should be “at least
twelve weeks between the proposed dispositive and Daubert motions hearing deadline and the
proposed final pretrial conference;”
WHEREAS, the Parties’ proposed changes to the Scheduling Order would not disrupt the
dates for the Pretrial Conference or Jury Trial, which are set for May 19, 2026, at 3:00 p.m., and
June 1, 2026, at 8:30 a.m., respectively;
WHEREAS, pursuant to Local Rule 6-2(a)(2), the Parties have only requested one prior
modification to the scheduling order, which the Court granted (ECF 106);
THEREFORE, the parties hereby stipulate and agree to the following proposed schedule:
Event Deadline Set in Scheduling
Order
Proposed New Date
Deposition of Matthew
Walker
N/A November 4, 2025
Exchange of Opening Expert
Reports
November 8, 2025 November 21, 2025
Exchange of Rebuttal Expert
Reports
November 23, 2025 December 12, 2025
Deadline to Complete ADR December 8, 2025 (as ordered
by the Court at ECF 71)
December 19, 2025
Close of Expert Discovery December 8, 2025 December 24, 2025
Deadline to File Dispositive
Motion(s)
December 18, 2025 January 22, 2026
Dispositive Motion Hearing
Deadline
January 22, 2026 at 2:00 p.m. February 26, 2026 at 2:00
p.m.
/ / /
Case 4:23-cv-03433-HSG Document 124 Filed 10/21/25 Page 4 of 6

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019438.0001 4923-5360-4979.5 5 Case No. 4:23-cv-03433-HSG
STIPULATION TO EXTEND CERTAIN DISCOVERY AND DISPOSITIVE MOTION DEADLINES;
ORDER
C O B L E N T Z
P A T C H
D U F F Y
& BA S S
L L P
O n e
M o n t g o m e r y
S t r e e t ,
S u i t e
3 0 0 0 ,
S a n
F r a n c i s c o ,
C a l i f o r n i a
9 4 1 0 4

5 5 0 0
4 1 5 . 3 9 1 . 4 8 0 0

•
F a x
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IT IS SO STIPULATED.
DATED: October 20, 2025 COBLENTZ PATCH DUFFY & BASS LLP
By: /s/ Benjamin C. Pulliam
BENJAMIN C. PULLIAM
Attorneys for Plaintiff
DR. PETER ATTIA
DATED: October 20, 2025 BUCHALTER A Professional Corporation
By: /s/ Matthew S. Covington
MATTHEW S. COVINGTON
Attorneys for Defendants
OURARING, INC. and OURA HEALTH OY
ATTESTATION OF SIGNATURES
Pursuant to L.R. 5-1(h)(3), the other signatory to this document has concurred in the filing
of this document.
DATED: October 20, 2025 COBLENTZ PATCH DUFFY & BASS LLP
By: /s/ Benjamin C. Pulliam
BENJAMIN C. PULLIAM
Attorneys for Plaintiff
DR. PETER ATTIA
Case 4:23-cv-03433-HSG Document 124 Filed 10/21/25 Page 5 of 6

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019438.0001 4923-5360-4979.5 6 Case No. 4:23-cv-03433-HSG
STIPULATION TO EXTEND CERTAIN DISCOVERY AND DISPOSITIVE MOTION DEADLINES;
ORDER
C O B L E N T Z
P A T C H
D U F F Y
& BA S S
L L P
O n e
M o n t g o m e r y
S t r e e t ,
S u i t e
3 0 0 0 ,
S a n
F r a n c i s c o ,
C a l i f o r n i a
9 4 1 0 4

5 5 0 0
4 1 5 . 3 9 1 . 4 8 0 0

•
F a x
4 1 5 . 9 8 9 . 1 6 6 3
ORDER
Pursuant to Stipulation, IT IS SO ORDERED.
DATED:
THE HON. HAYWOOD S. GILLIAM, JR.
UNITED STATES DISTRICT COURT JUDGE
10/21/2025
Case 4:23-cv-03433-HSG Document 124 Filed 10/21/25 Page 6 of 6