George Clinton v. Will Adams et al

Filing 68

STIPULATION to AMEND Scheduling Order, Set/Reset Deadlines/Hearings,,,,,, 38 filed by Defendant Will Adams. (Attachments: # 1 Proposed Order granting Stipulation)(Grodsky, Allen)

1
2
3
4
5
6

JEFFREY P. THENNISCH (Michigan Bar Number P51499)
(appearing Pro Hac Vice)
[e-mail]
DOBRUSIN THENNISCH PC
29 West Lawrence Street, Suite 210
Pontiac, Michigan 48342
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff GEORGE CLINTON

7
8

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

9
10
11

GEORGE CLINTON, an
individual,

Case No. CV 10-09476-ODW-PLA

12

Plaintiff,

13
14
15
16
17
18

v.
WILL ADAMS, p/k/a will,I,am
individually and d/b/a will.i.am
music publishing , et al.,
Defendants.

The Honorable Otis D. Wright II
STIPULATION FOR (1) 30 DAY
EXTENSION OF DATES IN
SCHEDULING AND CASE
MANAGEMENT ORDER AND (2) 30
DAY STAY OF DISCOVERY
Action Filed: December 10, 2010

19
20
21

WHEREAS, on September 28, 2011, the Court granted the requested stay of

22

discovery between the Plaintiff, and other certain Defendants, to allow those parties to

23

engage in the voluntary exchange, disclosure, and dissemination of documents and

24

information agreed to by the parties for the purpose of good faith settlement

25

discussions; and

26

WHEREAS, voluntary exchanges and dissemination of information (including

27

certain financial documents relating to sales of the allegedly infringing song at issue);

28
- 1 –
Stipulation

WHEREAS, the voluntary exchanges have lead to the potential voluntary

1
2

dismissal of certain of the Defendants (which stipulation for dismissal is currently

3

being circulated) and

4

WHEREAS, Plaintiff maintains that in order to make a good faith settlement

5

demand, Plaintiff must retain an economic expert to analyze the financial documents

6

provided for settlement purposes; and

7

WHEREAS, Plaintiff maintains that his current economic condition has

8

prevented him from retaining such expert though he has taken all reasonable steps to

9

obtain the monies to do so; and

10
11

WHEREAS, Plaintiff maintains that he will be able to obtain funds to hire such
expert within 30 days either (a) through his pending motion to release certain levies

12

placed upon the Plaintiff’s financial resources in Case No. 10-09921, also before the
13

U.S. District Court for the Central District of California; and/or (b) from revenues
14

earned from a musical tour Plaintiff is currently undertaking in Europe; and
15

WHEREAS, the case is more likely to be resolved if Defendants do not have to

16
17
18
19
20
21

spend monies preparing expert reports and preparing motions for summary judgment;
and
WHEREAS, the parties have made no previous request to continue the trial, pretrial conference, or other scheduled dates;
THEREFORE, IT IS HEREBY STIPULATED by and between the parties who

22

have appeared in this action by and through their respective counsel of record and

23

pursuant to the Federal Rules of Civil Procedure, Local Rules of the Central District of

24

California, and the Court’s Scheduling and Case Management Order that:

25

(1) Each of the dates contained on the last page of the Scheduling and Case

26

Management Order (with the exception of the last date to amend pleadings or add

27

parties) shall be extended for approximately 30 days, subject to the Court’s

28

availability.
- 2 –
Stipulation

1

(2) All discovery is stayed for 30 days from the date of this order (except that

2

the deposition of Eban Kelly may proceed during this time period).

3

s/ Jeffrey P. Thennisch
Jeffrey P. Thennisch
Attorney for Plaintiff
George Clinton
Dobrusin Thennisch, PC
29 West Lawrence Street, Suite 210
Pontiac, MI 48342
[phone]/[phone] (Fx)

s/Allen B.Grodsky(with consent)
Allen B. Grodsky (SBN 111064)
Attorney for Defendants
Will Adams, Jaime Gomez, Allan Pineda,
Stacy Ferguson, will.i.am music, inc.,
Tab Magnetic, Inc., and Cherry Lane
Music Publishing Company, Inc.
Grodsky & Olecki LLP
2001 Wilshire Blvd., Suite 210
Santa Monica, CA 90403
[phone]/[phone] (Fax)

November 30, 2011

November 30, 2011

s/ Linda M. Burrow (with consent)
Linda M. Burrow
Attorney for Defendant
UMG Recordings, Inc.
Caldwell Leslie and Proctor PC
1000 Wilshire Blvd., Suite 600
Los Angeles, CA 90017
[phone]/[phone](Fx)

s/Kara E.F. Cenar (with consent)
Kara E.F. Cenar
Attorney for Defendants
George Pajon, El Cubano Music, Inc. and
EMI Blackwood Music, Inc.
Bryan Cave LLP
161 North Clark Street, Suite 4300
Chicago, IL 60601
[phone]/[phone] (Fax)

November 30, 2011

November 30, 2011

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

- 3 –
Stipulation