Rupa Marya v. Warner Chappell Music Inc

Filing 186

Joint STIPULATION for Hearing re Motions for Summary Judgment filed by Defendants Summy-Birchard Inc, Warner Chappell Music Inc. (Attachments: # 1 Proposed Order [PROPOSED] ORDER GRANTING STIPULATION TO CONTINUE THE HEARING DATE FOR THE PARTIES CROSS-MOTIONS FOR SUMMARY JUDGMENT)(Klaus, Kelly)

GLENN D. POMERANTZ (State Bar No. 112503)
1 [e-mail]
KELLY M. KLAUS (State Bar No. 161091)
2 [e-mail]
3 MELINDA E. LeMOINE (State Bar No. 235670)
[e-mail]
4 ADAM I. KAPLAN (State Bar No. 268182)
[e-mail]
5 MUNGER, TOLLES & OLSON LLP
355 South Grand Avenue
6 Thirty-Fifth Floor
Los Angeles, California 90071-1560
7 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Defendants Warner/Chappell
9 Music, Inc. and Summy-Birchard, Inc.
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION

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14 GOOD MORNING TO YOU
PRODUCTIONS CORP.; et al.,
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Plaintiffs,
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v.
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WARNER/CHAPPELL MUSIC, INC.,
18 et al.,
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Defendants.
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Lead Case No. CV 13-04460-GHK
(MRWx)
JOINT STIPULATION TO
CONTINUE THE HEARING DATE
FOR THE PARTIES’ CROSSMOTIONS FOR SUMMARY
JUDGMENT; DECLARATION OF
KELLY M. KLAUS IN SUPPORT
THEREOF; AND [PROPOSED]
ORDER GRANTING STIPULATION
Judge:
Courtroom:

Hon. George H. King,
Chief Judge
650

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WHEREAS, on November 25, 2014, the parties filed cross-motions for

2 summary judgment and noticed the hearing date on those motions for January 26,
3 2015 (Dkt. No. 179 (notice of motion and cross-motion and motion and cross-motion
4 for summary judgment));
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WHEREAS, the parties met and conferred in good faith, pursuant to Local

6 Rule 7-3, and each intends to file a motion to strike evidence relied upon by the
7 opposing parties’ motion for summary judgment;
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WHEREAS, for the Court’s and the parties’ convenience, the parties would
like to notice their anticipated motions to strike for the same hearing date as the
parties’ cross-motions for summary judgment;
WHEREAS, the briefing schedule on the parties’ anticipated motions to
exclude, pursuant to Local Rules 7-9 and 7-10, would conflict with previously
scheduled holiday travel plans if these motions were noticed for January 26, 2015,
the date currently set for the hearing on the parties’ cross-motions for summary
judgment;
WHEREAS, the parties have met and conferred in good faith and agreed that a

18 one-week continuance of the hearing date on the parties’ cross-motions for summary
19 judgment—from January 26, 2015, to February 2, 2015—would enable the parties to
20 notice their anticipated motions to exclude for the same date as the hearing on the
21 parties’ cross-motions for summary judgment and follow a briefing schedule on the
22 parties’ anticipated motions to exclude that would accommodate previously
23 scheduled holiday travel plans;
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WHEREAS, a one-week continuance of the hearing date on the parties’ cross-

25 motions for summary judgment would not change the date that any opposition or
26 reply papers, with respect to the parties’ cross-motions for summary judgment, are
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NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by

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and between the parties, through the undersigned counsel, as follows: Upon the

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Court’s approval, the hearing date on the parties’ cross-motions for summary

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judgment shall be continued to February 2, 2015.

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IT IS SO STIPULATED.

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Respectfully submitted,

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Dated: December 16, 2014

MUNGER TOLLES & OLSON LLP

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By:

/s/ Kelly M. Klaus
KELLY M. KLAUS

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KELLY M. KLAUS
[e-mail]
ADAM I. KAPLAN
[e-mail]
560 Mission St., 27th Floor
San Francisco, CA 94105
Telephone: [phone]
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
Attorneys for Defendants Warner/Chappell
Music, Inc. and Summy-Birchard, Inc.

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Dated: December 16, 2014

WOLF HALDENSTEIN ADLER
FREEMAN & HERZ LLP
By: /s/ Betsy C. Manifold
BETSY C. MANIFOLD
FRANCIS M. GREGOREK
[e-mail]
BETSY C. MANIFOLD
[e-mail]
RACHELE R. RICKERT
[e-mail]
MARISA C. LIVESAY
[e-mail]
750 B Street, Suite 2770
San Diego, CA 92101
Telephone: [phone]
Facsimile: 619/234-4599
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]
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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DECLARATION REGARDING CONCURRENCE

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I, Kelly M. Klaus, am the ECF User whose identification and password are

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being used to file this JOINT STIPULATION TO CONTINUE THE HEARING

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DATE

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JUDGMENT; DECLARATION OF KELLY M. KLAUS IN SUPPORT

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THEREOF; AND [PROPOSED] ORDER GRANTING STIPULATION.

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compliance with L.R. 5-4.3.4, I hereby attest that I hereby attest that Betsy C.

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

FOR

THE

PARTIES’

CROSS-MOTIONS

FOR

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Dated: December 16, 2014

By:

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/s/ Kelly M. Klaus
KELLY M. KLAUS

SUMMARY
In

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DECLARATION OF KELLY M. KLAUS

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I, Kelly M. Klaus, hereby declare as follows:

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2.

I am a member of the firm Munger, Tolles & Olson LLP, counsel for

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Defendants Warner/Chappell Music, Inc. and Summy-Birchard, Inc. (jointly,

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“Warner/Chappell”) in the above-captioned action. I am admitted to practice law in

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the State of California and before this Court. I submit this declaration in support of

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the parties’ joint stipulation to continue the hearing date for the parties’ cross-

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motions for summary judgment and have personal knowledge of the facts stated

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herein. If called upon to testify as to them, I could, and would, competently do so.
3.

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On November 25, 2014, the parties filed cross-motions for summary

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judgment and noticed the hearing date on those motions for January 26, 2015 (Dkt.

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No. 179 (notice of motion and cross-motion and motion and cross-motion for

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summary judgment)).
4.

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After meeting and conferring in good faith, pursuant to Local Rule 7-3,

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on December 12, 2014, each party intends to file a motion to exclude evidence relied

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upon by the opposing parties’ motion for summary judgment.
5.

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For the Court’s and the parties’ convenience, the parties would like to

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notice their anticipated motions to exclude for the same hearing date as the parties’

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cross-motions for summary judgment.
6.

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The briefing schedule on the parties’ anticipated motions to exclude,

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pursuant to Local Rules 7-9 and 7-10, would conflict with previously scheduled

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holiday travel plans if these motions were noticed for January 26, 2015, the date

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currently set for the hearing on the parties’ cross-motions for summary judgment.

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7.

The parties have met and conferred in good faith and agreed that a one-

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week continuance of the hearing date on the parties’ cross-motions for summary

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judgment—from January 26, 2015, to February 2, 2015—would be enable the parties

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to notice their anticipated motions to exclude for the same date as the hearing on the

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parties’ cross-motions for summary judgment and follow a briefing schedule on the

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parties’ anticipated motions to exclude that would accommodate previously

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scheduled holiday travel plans.

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8.

A one-week continuance of the hearing date on the parties’ cross-

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motions for summary judgment would not change the date that any opposition or

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reply papers, with respect to the parties’ cross-motions for summary judgment, are

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due to be filed with the Court.

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9.

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

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brief continuance of the hearing date on the parties’ cross-motions for summary

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judgment. The parties respectfully request the Court enter an order continuing the

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hearing date on the parties’ cross-motions for summary judgment one week.

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

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Executed this 16th day of December 2014, in New York, NY.

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/s/ Kelly M. Klaus
KELLY M. KLAUS

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