MGA Entertainment Inc v. Mattel Inc et al

Filing 17

EX PARTE APPLICATION for Discovery MGA'S REPLY IN SUPPORT OF EX PARTE APPLIATION TO ACCESS "AEO" DOCUMENTS filed by PLAINTIFF MGA Entertainment Inc. (Blecher, Maxwell)

MGA Entertainment Inc v. Mattel Inc et al

Doc. 17

1 BLECHER & COLLINS, P.C. Maxwell M. Blecher (State Bar No. 26202) 2 [e-mail] Maryann R. Marzano (State Bar No. 96867) 3 [e-mail] Courtney A. Palko (State Bar No. 233822) 4 [e-mail] 515 South Figueroa Street, Suite 1750 5 Los Angeles, California 90071-3334 Telephone: [phone] Facsimile: [phone] 7 Attorneys for Plaintiff MGA ENTERTAINMENT, INC. 8 9 10 11
A PROFESSIONAL CORPORATION ATTORNEYS AT LAW

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. CV 11-1063 DOC (RNBx) PLAINTIFF MGA'S REPLY IN SUPPORT OF EX PARTE APPLICATION TO ACCESS "ATTORNEYS' EYES ONLY" DOCUMENTS

12 MGA ENTERTAINMENT, INC., 13 14 15 16 vs. Plaintiff,

MATTEL, INC. and ROBERT A. 17 ECKERT, 18 19 20 Defendants.

Counsel for plaintiff would be pleased to engage Judge Carter and defense

21 counsel in respect to the "Attorneys Eyes Only" ("AEO") documents. Although 22 Judge Carter's "invitation" was duly reported, counsel has been preoccupied with a 23 series of case dispositive motions with very limited availability. Moreover, 24 counsel for plaintiff considered it appropriate to file a formal request for the AEO 25 documents so that the Court would have "something" on which to rule. 26 Mattel's argument that an ex parte application is unnecessary and unjustified

27 does not comport with the schedule adopted by the Court for the briefing and 28 hearing on Mattel's Motion to Dismiss. If this matter were to be heard on a normal -1Dockets.Justia.com

1 law and motion schedule, the hearing date on such a motion would come after 2 MGA's response is due on April 25, 2011. Accordingly, the ex parte application is 3 both necessary and justified. 4 Finally, Mattel's point that the application conflicts with the Court's prior

5 rulings is precisely why plaintiff believed it appropriate to present this matter to the 6 Court via a motion or application so that there would be a ruling on the record. 7 In light of the ongoing proceedings, plaintiff respectfully requests that the

8 Court hear counsel on this ex parte application on Tuesday, April 12, 2011, or at 9 such other time as is convenient to the Court. 10 Dated: April 5, 2011 11 12
A PROFESSIONAL CORPORATION ATTORNEYS AT LAW

BLECHER & COLLINS, P.C. MAXWELL M. BLECHER MARYANN R. MARZANO COURTNEY A. PALKO

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 # 45973

By:

/s/ Maxwell M. Blecher Attorneys for Plaintiff MGA ENTERTAINMENT, INC.

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