Laura Larson v. Warner Bros Entertainment, Inc, et al

Filing 20

Filed (ECF) Appellant Laura Siegel Larson in 11-55863, Appellee Laura Siegel Larson in 11-56034 response opposing motion (,motion to extend time to file brief). Date of service: 02/24/2012. [8081180] [11-55863, 11-56034] (MT)

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APPELLATE CASE NO. 11-55863; CROSS-APPEAL CASE NO. 11-56034 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT LAURA SIEGEL LARSON Plaintiff, Counterclaim-Defendant, and Appellant. v. WARNER BROS. ENTERTAINMENT INC., DC COMICS Defendants, Counterclaimants, and Appellees. DECLARATION OF KEITH ADAMS IN SUPPORT OF APPELLANT LAURA SIEGEL LARSON’S OPPOSITION TO MOTION FOR EXTENSION OF DUE DATE FOR PRINCIPAL AND RESPONSE BRIEF OF CROSS-APPELLANTS AND APPELLEES WARNER BROS. ENTERTAINMENT INC. AND DC COMICS Appeal From The United States District Court for the Central District of California, Case No. CV-04-8400 ODW (RZx), Hon. Otis D. Wright II TOBEROFF & ASSOCIATES, P.C. Marc Toberoff mtoberoff@ipwla.com Keith G. Adams kgadams@ipwla.com 22631 Pacific Coast Highway, #348 Malibu, California, 90265 Telephone: (310) 246-3333 Facsimile: (310) 246-3101 Attorneys for Plaintiff-Appellant, Laura Siegel Larson, individually and as personal representative of the Estate of Joanne Siegel DECLARATION OF KEITH ADAMS I, Keith Adams, declare and state as follows: 1. I am an attorney licensed to practice in the State of California and admitted to practice before the United States Court of Appeals for the Ninth Circuit. I make this declaration in support of Appellant Laura Siegel Larson’s Opposition to Motion For Extension of Due Date For Principal and Response Brief of Cross-Appellants and Appellees Warner Bros. Entertainment Inc. and DC Comics. I have personal knowledge of the matters set forth in this declaration, and if called to testify to the facts stated herein, I could and would do so competently. 2. Attached hereto as Exhibit A is a true and correct copy of a February 21-22 e-mail exchange between me and Cassandra Seto, counsel for Appellees. I declare under penalty of perjury that the foregoing is true and correct. This declaration is executed this 24th day of February, 2012, in Malibu, California. Dated: February 24, 2011 TOBEROFF & ASSOCIATES, P.C. /s/ Keith Adams Keith Adams Attorneys for Appellant, Laura Siegel Larson 1 Print 1 of 3 http://us.mg3.mail.yahoo.com/neo/launch?rdsc=100&rand=820464812 Subject: RE: Larson v. Warner Bros. Entm’t, et al., Appeal No. 11-55863, Warner Bros. Entm’t, et al. v. Larson, Appeal No. 11-56034 From: Seto, Cassandra (cseto@OMM.com) To: kgadams@ipwla.com; Cc: MKline@OMM.com; Date: Wednesday, February 22, 2012 2:40 PM Keith, The quid pro quo is a reasonable schedule that accomodates everyone's schedules, and Dan's will be pressed during the reply period your request for an extension creates. We stand by our offer of yesterday, assuming you file a non-opposition today. Thanks, Cassie From: Keith Adams [mailto:kgadams@ipwla.com] Sent: Tuesday, February 21, 2012 8:02 PM To: Seto, Cassandra Subject: Re: Larson v. Warner Bros. Entm’t, et al., Appeal No. 11-55863, Warner Bros. Entm’t, et al. v. Larson, Appeal No. 11-56034 Cassie: Our agreement to a 17-day extension for DC's opposition/cross-appeal brief is a quid pro quo for DC's agreement to an 17-day extension for our opposition/reply brief. We cannot agree to give DC an additional 17-day extension for DC's final reply brief, as that would unfairly give DC two extensions to Plaintiff's one. If DC will agree to reciprocal 17-day extensions for its opposition/cross-appeal brief and our opposition/reply brief, we will file our statement of non-opposition tomorrow. Keith G. Adams Toberoff & Associates, P.C. 22631 Pacific Coast Highway #348 Malibu, California 90265 Telephone: (310) 246-3333 Facsimile: (310) 246-3101 Email: kgadams@ipwla.com http://www.ipwla.com EXHIBIT A-2 2/24/2012 2:30 PM Print 2 of 3 http://us.mg3.mail.yahoo.com/neo/launch?rdsc=100&rand=820464812 This message and any attached documents may contain information from Toberoff & Associates, P.C. that is confidential and/or privileged. If you are not the intended recipient, you may not read, copy, distribute or use this information. If you have received this transmission in error, please notify the sender immediately by reply e-mail and then delete this message. From: "Seto, Cassandra" <cseto@OMM.com> To: Keith Adams <kgadams@ipwla.com> Cc: "Kline, Matthew" <MKline@OMM.com> Sent: Tuesday, February 21, 2012 12:49 PM Subject: RE: Larson v. Warner Bros. Entm’t, et al., Appeal No. 11-55863, Warner Bros. Entm’t, et al. v. Larson, Appeal No. 11-56034 Keith, We will agree to a 17-day extension of the due date for Ms. Larson's second brief, provided that you (1) file a notice of non-opposition to our motion to extend today; and (2) agree to a similar extension of the due date for DC's second brief (i.e., 30 days rather than 14 days). Please let us know if you agree. Thanks, Cassie From: Keith Adams [mailto:kgadams@ipwla.com] Sent: Tuesday, February 21, 2012 10:40 AM To: Seto, Cassandra Subject: Re: Larson v. Warner Bros. Entm’t, et al., Appeal No. 11-55863, Warner Bros. Entm’t, et al. v. Larson, Appeal No. 11-56034 Cassie: Sorry, we were not able to get back to you last week. Mr. Toberoff was out-of-state on a trip with his family. We will not oppose DC's motion for a 17-day extension of the time for DC to file its Principal and Opposition Brief from March 6, 2012 to March 23, 2012, provided that DC agree to a reciprocal 17-day extension for Plaintiff-Appellant to file her Reply and Opposition Brief, from April 23, 2012 (when the brief would normally be due if the requested extension was granted) to May 10, 2012; as a April 23 deadline would conflict with the preparation of a major appellate brief due on April 30, 2013 in another important matter. Please let me know if this is acceptable. Thank-you Keith G. Adams Toberoff & Associates, P.C. 22631 Pacific Coast Highway #348 Malibu, California 90265 Telephone: (310) 246-3333 Facsimile: (310) 246-3101 Email: kgadams@ipwla.com http://www.ipwla.com EXHIBIT A-3 2/24/2012 2:30 PM Print http://us.mg3.mail.yahoo.com/neo/launch?rdsc=100&rand=820464812 This message and any attached documents may contain information from Toberoff & Associates, P.C. that is confidential and/or privileged. If you are not the intended recipient, you may not read, copy, distribute or use this information. If you have received this transmission in error, please notify the sender immediately by reply e-mail and then delete this message. From: "Seto, Cassandra" <cseto@OMM.com> To: Marc Toberoff <mtoberoff@ipwla.com>; Keith Adams <kgadams@ipwla.com> Cc: "Petrocelli, Daniel" <DPetrocelli@OMM.com>; "Kline, Matthew" <MKline@OMM.com> Sent: Wednesday, February 15, 2012 1:17 PM Subject: Larson v. Warner Bros. Entm’t, et al., Appeal No. 11-55863, Warner Bros. Entm’t, et al. v. Larson, Appeal No. 11-56034 Dear Counsel, Please see the attached letter. Thanks, Cassie Cassandra L. Seto O'Melveny & Myers LLP 1999 Avenue of the Stars, Suite 700, Los Angeles, California 90067 Telephone: 310.246.6703 | Facsimile: 310.246.6779 This message and any attached documents contain information from the law firm of O'Melveny & Myers LLP that may be confidential and/or privileged. If you are not the intended recipient, you may not read, copy, distribute, or use this information. If you have received this transmission in error, please notify the sender immediately by reply e-mail and then delete this message. 3 of 3 EXHIBIT A-4 2/24/2012 2:30 PM

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