Rupa Marya v. Warner Chappell Music Inc

Filing 216

Joint STIPULATION for Extension of Time to File FURTHER BRIEFING ORDERED BY DKT. NO. 215 filed by Defendants Summy-Birchard Inc, Warner Chappell Music Inc. (Attachments: # 1 Proposed Order)(Klaus, Kelly)

1 GLENN D. POMERANTZ (State Bar No. 112503)
[e-mail]
2 KELLY M. KLAUS (State Bar No. 161091)
[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
California 90071-1560
7 Los Angeles,[phone]
Telephone:
8 Facsimile: [phone]
9 Attorneys for Defendants Warner/Chappell
Music, Inc. and Summy-Birchard, Inc.
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION

15 GOOD MORNING TO YOU
PRODUCTIONS CORP.; et al.,
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Plaintiffs,
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v.
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19 WARNER/CHAPPELL MUSIC, INC.,
et al.,
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Defendants.
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Lead Case No. CV 13-04460-GHK
(MRWx)
JOINT STIPULATION TO EXTEND
TIME FOR FILING OF FURTHER
BRIEFING ORDERED BY DKT. NO.
215 AND TO CONTINUE THE
HEARING DATE SET BY DKT. NO.
215; AND [PROPOSED] ORDER
GRANTING STIPULATION
Judge:

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Courtroom:

Hon. George H. King,
Chief Judge
650

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WHEREAS, on May 18, 2015, the Court ordered that the parties file a joint

2 supplementary brief by within fourteen days thereof (i.e, by Monday, June 1, 2015)
3 and ordered the parties to attend oral argument on Tuesday, June 9, 2015 at 9:30
4 A.M. (Dkt. No. 215);
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WHEREAS, three out of four of Defendants’ attorneys are in trial in

6 Washington, D.C., and expect to be in trial in Washington, D.C., through
7 approximately June 1, 2015;
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WHEREAS, Defendants’ lead counsel is scheduled to attend a full-day

9 mediation on June 9, 2015;
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WHEREAS, the parties met and conferred in good faith and agreed that a two-

11 week extension of the briefing deadline and hearing date would be appropriate to
12 accommodate Defendants’ counsel’s scheduling conflicts;
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WHEREAS, a two-week extension of the briefing deadline and hearing date

14 would not alter any other deadlines set by the Court in this matter;
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NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by

16 and between the parties, through the undersigned counsel, as follows: Upon the
17 Court’s approval, the deadline for the parties to file the join supplementary brief
18 ordered by Dkt. No. 215 shall be Monday, June 15, 2015, and the oral argument
19 ordered by Dkt. No. 215 shall be held on Tuesday, June 23, 2015 at 9:30 A.M.
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IT IS SO STIPULATED.

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Respectfully submitted,

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24 Dated: May 19, 2015

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]

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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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Dated: May 19, 2015

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

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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

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Interim Lead Counsel for Plaintiffs
RANDALL S. NEWMAN PC
RANDALL S. NEWMAN (190547)
[e-mail]
37 Wall Street, Penthouse D
New York, NY 10005
Telephone: [phone]
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
DONAHUE FITZGERALD LLP
WILLIAM R. HILL (114954)
[e-mail]

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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
I, Kelly M. Klaus, am the ECF User whose identification and password are
being used to file this JOINT STIPULATION TO EXTEND TIME FOR FILING
OF FURTHER BRIEFING ORDERED BY DKT. NO. 215 AND TO
CONTINUE THE HEARING DATE SET BY DKT. NO. 215; AND
[PROPOSED] ORDER GRANTING STIPULATION. In compliance with L.R.
5-4.3.4, I hereby attest that I hereby attest that Betsy C. Manifold has concurred in
this filing’s content and has authorized its filing.
Dated: May 19, 2015

By: /s/ KELLY M. KLAUS
KELLY M. KLAUS

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DECLARATION OF KELLY M. KLAUS

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1.

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 in the above-captioned action. I am admitted to practice law in the State

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

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parties’ Joint Stipulation to Extend Time for Filing of Further Briefing Ordered by

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Dkt. No. 215 and to Continue the Hearing Date Set by Dkt. No. 215. Except where

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indicated below in paragraph 6, I have personal knowledge of the facts stated herein.

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If called upon to testify to the facts as to which I have person knowledge, I could,

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and would, competently do so.
3.

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On May 18, 2015, the Court ordered that the parties file a joint

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supplementary brief by within fourteen days thereof (i.e, by Monday, June 1, 2015)

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and ordered the parties to attend oral argument on Tuesday, June 9, 2015 at 9:30

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A.M. (Dkt. No. 215).
4.

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Glenn Pomerantz, Melinda LeMoine and I are currently in trial in

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Washington, D.C., and we expect to remain in trial in Washington, D.C., through

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approximately June 1, 2015.

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5.

I am scheduled to attend a full-day mediation on June 9, 2015.

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6.

I am informed and believe that my colleague, Adam Kaplan, met and

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conferred with Plaintiffs’ counsel regarding the briefing schedule and hearing date

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set by the Court on May 18, 2015 (Dkt. No. 215), and that Plaintiffs’ counsel agreed

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that a two-week extension of the briefing deadline and hearing date would be

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appropriate in light of Defendants’ counsel’s scheduling conflicts.
7.

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A two-week extension of the briefing deadline and hearing date would

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not alter any other deadlines set by the Court in this matter

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///

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///

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8.

For the foregoing reasons, the parties have shown good cause for a two-

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week extension of the briefing deadline and hearing date set by the Court on May 18,

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2015 (Dkt. No. 215).

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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 May 2015, Washington, D.C.

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/s/ KELLY M. KLAUS
KELLY M. KLAUS

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