Jackson Browne v. John McCain et al

Filing 33

Joint STIPULATION to Continue Hearings on Defendants' Motions from 12/9/08 to 2/2/09 Re: MOTION to Strike the Fourth Claim of the Complaint 29 , MOTION to Strike The Fourth Claim Of The Complaint - (Discovery) 1 15 , MOTION to Dismiss Case Under FRCP 12(b)(6) 19 , MOTION to Dismiss Case Under Federal Rule 12(b)(2), (3) & (6) 23 , Notice (Other) 27 filed by Plaintiff (Joint Filing) Jackson Browne. (Attachments: # 1 Proposed Order)(Steinsapir, Jonathan)

Jackson Browne v. John McCain et al

Doc. 33

1 KINSELLA WEITZMAN ISER KUMP & ALDISERT LLP LAWRENCE Y. ISER (SBN 094611) 2 [e-mail] JONATHAN STEINSAPIR (SBN 226281) 3 [e-mail] GREGORY S. GABRIEL (SBN 239902) 4 [e-mail] 808 Wilshire Boulevard, 3rd Floor 5 Santa Monica, California 90401 Telephone: [phone] Facsimile: 310.566.9850 7 Attorneys for Plaintiff Jackson Browne 8 9
KINSELLA WEITZMAN ISER KUMP & ALDISERT LLP

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION Case No. CV 08-05334 RGK (Ex) Hon. R. Gary Klausner, presiding JOINT STIPULATION TO CONTINUE HEARING AND SET BRIEFING SCHEDULE ON MOTIONS FILED BY DEFENDANTS [Proposed Order Submitted Concurrently Herewith]

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808 WILSHIRE BOULEVARD, 3RD FLOOR SANTA MONICA, CALIFORNIA 90401 TEL [phone] · FAX [phone]

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13 JACKSON BROWNE, an individual 14 15 vs. Plaintiff,

16 JOHN MCCAIN, an individual; THE REPUBLICAN NATIONAL 17 COMMITTEE, a non-profit political organization; THE OHIO 18 REPUBLICAN PARTY; a non-profit political organization 19 Defendants. 20 21 22 23 24 25 26 27 28
11166./41857.1

STIPULATION
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Plaintiff Jackson Browne ("Plaintiff"), by and through his counsel of record,

2 and Defendants John McCain, the Ohio Republican Party ("ORP"), and Republican 3 National Committee ("RNC") (collectively, "Defendants"), by and through their 4 respective counsel of record, hereby stipulate as follows: 5 WHEREAS, on November 17, 2008, Senator McCain filed a Special Motion 6 to Strike Pursuant to California Code of Civil Procedure ("CCP") § 425.16 and a 7 Motion to Dismiss Pursuant to Federal Rule of Civil Procedure ("FRCP") 12(b)(6), 8 which are currently set for hearing on December 8, 2008; 9
KINSELLA WEITZMAN ISER KUMP & ALDISERT LLP

WHEREAS, on November 17, 2008, the ORP filed a Motion to Dismiss

10 Pursuant to FRCP 12(b)(2), (3) & (6); or Transfer Pursuant to 28 U.S.C. §§ 1404(a) 11 & 1406(a); and a Motion to Strike pursuant to CCP § 425.16, which are currently set
808 WILSHIRE BOULEVARD, 3RD FLOOR SANTA MONICA, CALIFORNIA 90401 TEL [phone] · FAX [phone]

12 for hearing on December 8, 2008; 13 WHEREAS, on November 17, 2008, the RNC filed a Special Motion to 14 Strike Pursuant to CCP § 425.16 and a Motion to Dismiss Pursuant to FRCP 15 12(b)(6), which are currently set for hearing on December 8, 2008; 16 WHEREAS, the six motions filed by Defendants raise complex issues 17 regarding the law of Copyright, Trademark, and Right of Publicity including, inter 18 alia, the extent to which the First Amendment precludes such claims in whole or in 19 part, the extent of fair use under the copyright law in this context, whether the 20 Lanham Act applies to political advertising, and the scope of this Court's 21 jurisdiction over one or more Defendants and whether this is an appropriate and 22 convenient venue for this action; 23 WHEREAS, due to the number of motions filed by Defendants and the 24 complex issues raised therein, it will benefit the Court and the parties if Plaintiff has 25 more than one week to oppose Defendants' motions and if Defendants have more 26 than one week to respond to Plaintiff's oppositions to the motions; 27 WHEREAS, for the convenience of the Court and its staff, the parties desire 28 to provide the Court with more than one week to prepare for the hearing on
11166./41857.1

STIPULATION

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1 Defendants' motions; 2 WHEREAS, due to the upcoming holidays in December and January and 3 previous obligations of the parties' attorneys, all parties are unable to attend a 4 hearing on Defendants' motions until February 2, 2009; 5 7 WHEREAS, the parties have made no prior request for a continuance of the IT IS HEREBY STIPULATED, and the parties respectfully request that the 6 hearing date in connection with these motions; 8 Court Order, that all of Defendants' motions shall be set for hearing on February 2, 9 2009, and that Plaintiff's oppositions to the motions shall be filed and served no
KINSELLA WEITZMAN ISER KUMP & ALDISERT LLP

10 later than January 7, 2009 and Defendants' replies shall be filed and served no later 11 than January 21, 2009; and
808 WILSHIRE BOULEVARD, 3RD FLOOR SANTA MONICA, CALIFORNIA 90401 TEL [phone] · FAX [phone]

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IT IS FURTHER STIPULATED that no party shall argue or assert that this

13 continuance of the hearing date on the CCP § 425.16 Motions shall violate or 14 conflict with the provisions of CCP § 425.16(f), and the parties respectfully request 15 that the Court so find. 16 17 18 DATED: November 19, 2008 19 20 21 22 23 24 25 26 27 28
11166./41857.1

A proposed order is lodged concurrently herewith. KINSELLA WEITZMAN ISER KUMP & ALDISERT LLP By: /s/Jonathan P. Steinsapir Jonathan P. Steinsapir Attorneys for Jackson Browne

STIPULATION

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