Rupa Marya v. Warner Chappell Music Inc

Filing 165

Joint STIPULATION to Continue Scheduling Order Deadlines from 11/21/2014 to 11/25/2014 Re: Order, 152 filed by Plaintiffs Good Morning to You Productions Corp, Majar Productions LLC, Rupa Marya, Robert Siegel. (Attachments: # 1 Proposed Order)(Manifold, Betsy)

1 FRANCIS M. GREGOREK (144785)
[e-mail]
2 BETSY C. MANIFOLD (182450)
[e-mail]
3 RACHELE R. RICKERT (190634)
[e-mail]
4 MARISA C. LIVESAY (223247)
[e-mail]
5 WOLF HALDENSTEIN ADLER
FREEMAN & HERZ LLP
6 750 B Street, Suite 2770
San Diego, CA 92101
7 Telephone: [phone]
Facsimile: 619/234-4599
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9 Interim Lead Counsel for Plaintiffs and the [Proposed] Class
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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA -

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WESTERN DIVISION

13 GOOD MORNING TO YOU
PRODUCTIONS CORP., et al.,
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Plaintiffs,
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WARNER/CHAPPELL MUSIC,
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INC., et al.
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Defendants.
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Lead Case No. CV 13-04460-GHK (MRWx)
JOINT STIPULATION TO EXTEND
SCHEDULING ORDER DEADLINES;
DECLARATION OF BESTY C.
MANIFOLD IN SUPPORT THEREOF;
AND [PROPOSED] ORDER
GRANTING STIPULATION

Room:
Judge:

650
Hon. George H. King, Chief
Judge

WHEREAS, a Scheduling Conference was held on March 24, 2014; and under

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2 the March 26, 2014 Order Entering Scheduling Dates (Dkt. 92), the Court entered the
3 following deadlines on Plaintiffs’ Claim One after bifurcating and staying Plaintiffs’
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4 remaining state law claims:

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Expert Disclosures:

July 25, 2014

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Rebuttal Expert Disclosures:

August 25, 2014

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Expert Discovery Motions Deadline: September 15, 2014

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Expert Discovery Cut-Off:

September 26, 2014

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File Joint Status Report:

September 26, 2014

File Joint Motion for Summary

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Judgment:

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November 14, 2014;

WHEREAS, one prior extension of approximately two weeks from the

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13 foregoing deadlines had been sought by the parties to accommodate counsel’s
14 scheduling conflicts; and
WHEREAS, the Court granted the parties’ prior Joint Stipulation to Extend the

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16 Scheduling Deadlines (Dkt. 152) as follows:
Rebuttal Expert Disclosures:
September 15, 2014
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Expert Discovery Motions Deadline: October 3, 2014

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Expert Discovery Cut-Off:

October 13, 2014

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File Joint Status Report:

October 13, 2014

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File Joint Motion for Summary
Judgment:

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November 21, 2014;

WHEREAS, pursuant to the Court’s March 24, 2014 Order Re: Summary

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24 Judgment (Dkt. 93), the parties held their Local Rule 7-3 Conference on October 30,
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As used herein, “Plaintiffs” collectively refers to plaintiffs Good Morning To
26 You Productions Corp., Robert Siegel, Rupa Marya, and Majar Productions, LLC,
and “Defendants” refers to both defendants Warner/Chappell Music, Inc. and
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Summy-Birchard, Inc.
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2014 and have been working diligently to create a single fully integrated joint brief

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covering all parties’ summary judgment motions.

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WHEREAS, the parties agree that they require an additional four days to

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properly complete this process and request an extension of the filing deadline from

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November 21, 2014 to November 25, 2014.

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WHEREAS, the parties met and conferred in good faith and agreed to notice
the summary judgment motions for January 26, 2015;

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WHEREAS, in light of the January 26th hearing date, an extension of the filing

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date for the motions for summary judgment by four days still allows the Court ample

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opportunity to review the motions for summary judgment and determine whether it

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wishes to hear oral argument on January 26th.

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NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by
and between the parties, through the undersigned counsel, as follows:
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Upon the Court’s approval, the Scheduling Order (Dkt. 93) and Order

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Granting Joint Stipulation to Extend the Scheduling Deadlines (Dkt. 152) shall be

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amended as follows:

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File Joint Motion for Summary
Judgment:

November 25, 2014.

IT IS SO STIPULATED.

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Respectfully submitted,
Dated: November 19, 2014

WOLF HALDENSTEIN ADLER
FREEMAN & HERZ LLP

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By:

/s/ Betsy C. Manifold
BETSY C. MANIFOLD
FRANCIS M. GREGOREK
[e-mail]
BETSY C. MANIFOLD
[e-mail]
RACHELE R. RICKERT

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[e-mail]
MARISA C. LIVESAY
[e-mail]
750 B Street, Suite 2770
San Diego, CA 92101
Telephone: [phone]
Facsimile: 619/234-4599

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WOLF HALDENSTEIN ADLER
FREEMAN & HERZ LLP
MARK C. RIFKIN (pro hac vice)
[e-mail]
JANINE POLLACK (pro hac vice)
[e-mail]
BETH A. LANDES (pro hac vice)
[e-mail]
270 Madison Avenue
New York, NY 10016
Telephone: [phone]
Facsimile: 212-545-4753
Interim Lead Counsel for Plaintiffs

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RANDALL S. NEWMAN PC
RANDALL S. NEWMAN (190547)
[e-mail]
37 Wall Street, Penthouse D
New York, NY 10005
Telephone: [phone]

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HUNT ORTMANN PALFFY NIEVES
DARLING & MAH, INC.
ALISON C. GIBBS (257526)
[e-mail]
OMEL A. NIEVES (134444)
[e-mail]
KATHLYNN E. SMITH (234541)
[e-mail]

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301 North Lake Avenue, 7th Floor
Pasadena, CA 91101
Telephone: [phone]
Facsimile: 626/796-0107

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DONAHUE FITZGERALD LLP
WILLIAM R. HILL (114954)
[e-mail]
ANDREW S. MACKAY (197074)
[e-mail]
DANIEL J. SCHACHT (259717)
[e-mail]
1999 Harrison Street, 25th Floor
Oakland, CA 94612-3520
Telephone: [phone]
Facsimile: 510/832-1486

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GLANCY BINKOW &
GOLDBERG LLP
LIONEL Z. GLANCY (134180)
[e-mail]
MARC L. GODINO (188669)
[e-mail]
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: 310/201-9160

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Attorneys for Plaintiffs

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MUNGER TOLLES & OLSON LLP

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Dated: November 19, 2014

By:

/s/ Kelly M. Klaus
KELLY M. KLAUS
KELLY M. KLAUS
[e-mail]
ADAM I. KAPLAN
[e-mail]

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560 Mission St., 27th Floor
San Francisco, CA 94105
Telephone: [phone]

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GLEN POMERANTZ
[e-mail]
MELINDA E. LeMOINE
[e-mail]
MUNGER TOLLES & OLSON LLP
355 South Grand Ave., 35th Floor
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: 213/687-3702

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Attorneys for Defendants Warner/Chappell
Music, Inc. and Summy-Birchard, Inc.

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DECLARATION REGARDING CONCURRENCE

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I, Betsy C. Manifold, am the ECF/CM User whose identification and password

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are being used to file this JOINT STIPULATION TO EXTEND SCHEDULING

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ORDER DEADLINES; DECLARATION OF BESTY C. MANIFOLD IN

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SUPPORT

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STIPULATION. In compliance with L.R. 5-4.3.4(2)(i), I hereby attest that Kelly

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M. Klaus has concurred in this filing’s content and has authorized its filing.

THEREOF;

AND

[PROPOSED]

ORDER

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DATED: November 19, 2014

By:

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/s/ Betsy C. Manifold
BETSY C. MANIFOLD

GRANTING

DECLARATION OF BETSY C. MANIFOLD

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I, Betsy C. Manifold, hereby declare as follows:

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2.

I am an attorney duly licensed to practice law in the states of Wisconsin,

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New York, and California, and am admitted to the bar of this Court. I am a partner at

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the law offices of Wolf Haldenstein Adler Freeman & Herz LLP, interim lead class

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counsel for plaintiffs, Good Morning To You Prodcutions Corp., Robert Siegel, Rupa

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Marya d/b/a/ Rupa & The April Fishes, and Majar Productions LLC (“Plaintiffs”), in

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the above-captioned action. I make this declaration in support of the parties’ joint

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stipulation to extend scheduling order deadlines and have personal knowledge of the

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facts stated herein.

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competently do so.

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3.

If called upon to testify as to them, I could, and would,

One short extension of approximately two weeks to the initial deadlines

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under the Court’s Scheduling Order (Dkt. 92) was previously granted by the Court.

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See Order Granting Joint Stipulation to Extend Scheduling Deadlines (Dkt. 152).

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4.

Under the Court’s Order Re Summary Judgment dated March 24, 2014

(Dkt. 93), the parties held the Local Rule 7-3 Conference on October 30, 2014.
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The parties have also met and conferred in good faith and agreed to

notice the summary judgment motions for January 26, 2015.
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The parties are working diligently to create a single fully integrated joint

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brief covering all parties’ summary judgment motions. Due to the complexity of

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integrating both parties’ summary judgment motions into a single brief, the parties

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require an additional four days to complete this process.

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7.

In light of the January 26th notice date for the motions, the Court will

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have a sufficient opportunity to review the joint briefing and determine whether the

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Court wishes to hear oral argument on January 26th.

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8.

The parties met and conferred in good faith to agree upon the following

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extension of dates imposed under the Court’s Scheduling Order (Dkt. 93) and prior

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Order Granting Joint Stipulation to Extend Scheduling Deadlines (Dkt. 152):

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File Joint Motion for Summary

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Judgment:

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November 25, 2014.

For the foregoing reasons, Plaintiffs have shown good cause for the

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brief extension to the Scheduling Order deadlines, and respectfully request the Court

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enter an amended scheduling order based upon the parties’ proposed dates in their

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joint stipulation submitted concurrently herewith.

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I declare under penalty of perjury that the foregoing is true and correct.

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Executed this 19th day of November 2014, in San Diego, California.

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/s/ Betsy C. Manifold
BETSY C. MANIFOLD

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WARNER/CHAPPELL:21344.JT.STIP

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