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J une 6, 2014
VIA ELECTRONIC MAIL
CoteNYSDChambers@nysd.uscourts.gov

The Honorable Denise L. Cote
United States District J udge, Southern District of New York
500 Pearl Street
New York, NY 10007-1312

Re: Times Three Clothier, LLC v. Spanx, Inc. (Consolidated Case No. 13-cv-2157-DLC)

Dear J udge Cote:

We represent defendant Spanx, Inc. (Spanx) in the referenced consolidated case. Pursuant
to the Courts May 6, 2014 Order (DI-61), plaintiff Times Three Clothier LLC (TTC) served its
second amended infringement contentions on May 30, 2014 (DI-62). As required by the May 6
Order, we are writing to inform the Court that Spanx believes TTCs contentions continue to
insufficiently identify how the accused Spanx garments infringe the utility patent-in-suit, U.S. Patent
No. 8,568,195 (the 195 patent). In accordance with the May 6 Order, Spanx intends to bring its
motion to strike TTCs second amended contentions by J une 13, 2014.

We are also writing to request a stay of all deadlines in each of the cases consolidated under
the above-referenced caption. The Courts May 6 Order stayed proceedings regarding the 195
patent pending resolution of the issues regarding TTCs infringement contentions. However,
deadlines regarding the design patents-in-suit set in the Courts November 25, 2013 Order (DI-37),
including a J uly 8, 2014 fact discovery deadline and subsequent expert and other deadlines, have not
been stayed. The parties have conferred regarding the Courts April 29, 2014 design patent claim
construction rulings (DI-49) and believe that additional time to complete fact discovery in each of
the cases is required in light of those rulings and the current status of discovery. Additional time
will also allow the parties to consolidate discovery that may be necessary after further rulings
pertaining to the 195 patent.

For these reasons, Spanx respectfully requests, with TTCs consent, that the Court stay all
remaining deadlines in each of the cases until further resolution of the issues pertaining to the 195
patent, at which time the parties will confer and submit a proposed new schedule to the Court.

Respectfully submitted,
/s/ Kathleen E. McCarthy
Kathleen E. McCarthy
Counsel for Defendant Spanx, Inc.
cc: Counsel of Record (via ecf)
Case 1:13-cv-02157-DLC Document 63 Filed 06/06/14 Page 1 of 1