Rupa Marya v. Warner Chappell Music Inc

Filing 260

Joint STIPULATION to Expedite Briefing Schedule on Plaintiffs' Motion for Leave to Amend and File Fifth Amended Complaint and Defendants' Rule 12(b) Motion; Declaration of Betsy C. Manifold in Support Thereof 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 BRITTANY N. DEJONG (258766)
[e-mail]
6 WOLF HALDENSTEIN ADLER
FREEMAN & HERZ LLP
7 750 B Street, Suite 2770
San Diego, CA 92101
8 Telephone: [phone]
9 Facsimile: 619/234-4599
10 Interim Lead Counsel for Plaintiffs and the [Proposed] Class
11

UNITED STATES DISTRICT COURT

12

CENTRAL DISTRICT OF CALIFORNIA -

13

WESTERN DIVISION

14 GOOD MORNING TO YOU
PRODUCTIONS CORP., et al.,
15
Plaintiffs,
16
17

v.

18
19 WARNER/CHAPPELL MUSIC,
INC., et al.
20
Defendants.
21
22
23
24
25
26
27
28

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Lead Case No. CV 13-04460-GHK (MRWx)
JOINT STIPULATION RE: (1)
SHORTENED BRIEFING SCHEDULE
ON PLAINTIFFS’ MOTION FOR
LEAVE TO AMEND AND FILE FIFTH
AMENDED COMPLAINT AND
(2) DEFENDANTS’ RULE 12(b)
MOTION; DECLARATION OF BETSY
C. MANIFOLD IN SUPPORT
THEREOF; AND [PROPOSED] ORDER
GRANTING STIPULATION
Room:
Judge:

650
Hon. George H. King, Chief
Judge

WHEREAS, Plaintiffs1 and Defendants2 met and conferred but were unable to

1

2 agree on the terms of a stipulation for Plaintiffs’ proposal to file a Fifth Amended
3 Complaint;
WHEREAS, contemporaneously with the filing of this Stipulation and

4

5 [Proposed] Order, Plaintiffs have filed a Motion for Leave to Amend and File Fifth
6 Amended Complaint, including as an exhibit thereto Plaintiffs’ Proposed Fifth
7 Amended Complaint;
WHEREAS, Defendants intend to oppose Plaintiffs’ Motion for Leave to
8
9 Amend and File Fifth Amended Complaint;
WHEREAS, the earliest Plaintiffs’ Motion for Leave to Amend and File Fifth
10
11 Amended Complaint could be heard on regular notice is November 30, 2015;
WHEREAS, Plaintiffs have requested, and Defendants have agreed, to enter
12
13 into a Stipulation, and to request that the Court enter a [Proposed] Order, providing
14 for a shortened-time briefing schedule, and for the possibility of the Motion being
15 submitted for decision without a hearing, in the event the Court believes a hearing to
16 be unnecessary;
WHEREAS, Defendants previously made arguments in their Rule 12(b)(6)

17

18 Motion to Dismiss Plaintiffs’ Second Consolidated Class Action Complaint that the
19 Court found unnecessary to address in its October 16, 2013 Order, Dkt. 71, but that
20 Defendants may wish to renew, along with such arguments as may be relevant
21 following the Court’s ruling on Plaintiffs’ Motion to Amend, by way of a new Rule
22 12(b) motion once the Court has ruled on Plaintiffs’ Motion to Amend;
23
24

“Plaintiffs” collectively refers to Plaintiffs Good Morning To You Productions
25 Corp., Robert Siegel, Rupa Marya, and Majar Productions, LLC.
26
27

1

2

“Defendants” refers to Defendants Warner/Chappell Music, Inc. and SummyBirchard, Inc.

28

-1-

1

WHEREAS, Defendants reserve and do not waive the right to make any such

2

arguments by way of a Rule 12(b) motion, and the parties agree to set forth a due

3

date for briefing the Rule 12(b) motion following the Court’s ruling on the motion to

4

amend;

5
6

NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by
and between the parties, through the undersigned counsel, as follows:
1. Upon the Court’s approval, the briefing schedule for Plaintiffs’ Motion for

7
8

Leave to Amend and File Fifth Amended Complaint shall be as follows:

9

Motion:

October 29, 2015 (already filed contemporaneously with

10

this Stipulation, including as an exhibit Plaintiffs’ Proposed

11

Fifth Amended Complaint)

12

Opposition:

November 9, 2015

13

Reply:

November 12, 2015

14

2. The parties do not object to the submission of Plaintiffs’ Motion for Leave

15

to Amend and File Fifth Amended Complaint without a hearing, unless of course the

16

Court would like to hold a hearing on the Motion, in which case the parties will

17

appear at such date and time as the Court directs.

18

3. Within 10 days of the Court’s ruling on Plaintiffs’ Motion for Leave to

19

Amend and File Fifth Amended Complaint, Defendants may file a Motion to Dismiss

20

the Fourth Amended Complaint or Fifth Amended Complaint (whichever may be the

21

operative complaint). Any such motion may raise arguments that Defendants raised

22

but that the Court did not rule on in its October 16, 2013 Order, Dkt. 71, or such

23

arguments as may be warranted following the Court’s ruling on Plaintiffs’ Motion for

24

///

25

///

26

///

27

///

28

///

-2-

1

Leave to Amend and File Fifth Amended Complaint. Defendants shall notice any

2

such motion for hearing under the Local Rules. The parties agree that, in the

3

circumstances of the case, it would be appropriate for the Court to excuse the

4

requirements of Local Rule 7-3 for purposes of such Rule 12(b) motion.

5

IT IS SO STIPULATED.

6
7

Respectfully submitted,
Dated: October 29, 2015

WOLF HALDENSTEIN ADLER
FREEMAN & HERZ LLP

8
9
10
11
12
13
14
15
16
17
18

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]

19
20
21
22
23
24
25
26
27

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

28

-3-

1
2
3
4

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

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23

HUNT ORTMANN PALFFY NIEVES
DARLING & MAH, INC.
ALISON C. GIBBS (257526)
[e-mail]
OMEL A. NIEVES (134444)
[e-mail]
KATHLYNN E. SMITH (234541)
smith@ huntortmann.com
301 North Lake Avenue, 7th Floor
Pasadena, CA 91101
Telephone [phone]
Facsimile 626/796-0107
Facsimile: 212/797-3172
DONAHUE GALLAGHER WOODS
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

24
25
26
27
28

GLANCY PRONGAY &
MURRAY, LLP
LIONEL Z. GLANCY (134180)
[e-mail]
MARC L. GODINO (188669)
[e-mail]

-4-

3

1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: 310/201-9160

4

Attorneys for Plaintiffs

5

MUNGER TOLLES & OLSON LLP

1
2

6
7

Dated: October 29, 2015

By:

/s/ Kelly M. Klaus
KELLY M. KLAUS

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22

KELLY M. KLAUS
[e-mail]
ADAM I. KAPLAN
[e-mail]
560 Mission St., 27th Floor
San Francisco, CA 94105
Telephone: [phone]
GLENN D. 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.

23
24
25
26
27
28

-5-

1

DECLARATION REGARDING CONCURRENCE

2

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

3

are being used to file this: JOINT STIPULATION RE: (1) SHORTENED

4

BRIEFING SCHEDULE ON PLAINTIFFS’ MOTION FOR LEAVE TO

5

AMEND

6

(2) DEFENDANTS’ RULE 12(b) MOTION; DECLARATION OF BETSY C.

7

MANIFOLD IN SUPPORT THEREOF; AND [PROPOSED] ORDER

8

GRANTING STIPULATION. In compliance with L.R. 5-4.3.4(a)(2)(i), I hereby

9

attest that Kelly M. Klaus has concurred in this filing’s content and has authorized

10

AND

FILE

FIFTH

AMENDED

COMPLAINT

AND

its filing.

11
12

DATED: October 29, 2015

By:

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

-6-

/s/ Betsy C. Manifold_________
BETSY C. MANIFOLD

1

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

2

1.

I am an attorney duly licensed to practice law in the States of California,

3

New York, and Wisconsin, and before this Court. I am a partner with the law firm

4

Wolf Haldenstein Adler Freeman & Herz LLP, interim lead class counsel for

5

plaintiffs and the class. I have personal knowledge of the following facts, and if

6

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

7

2.

I submit this declaration in support of the Joint Stipulation re (1)

8

Shortened Briefing Schedule on Plaintiffs’ Motion for Leave to Amend and File Fifth

9

Amended Complaint (“Plaintiffs’ Motion”) and (2) Defendants’ Rule 12(b) Motion

10
11

(“Rule 12 Motion”).
3.

In light of the Court’s directive at the October 19, 2015 status

12

conference to move this case ahead quickly, the parties are seeking to shorten the

13

briefing schedule and hearing date for Plaintiffs’ Motion. The earliest Plaintiffs’

14

Motion could be heard on regular notice is November 30, 2015. The parties’ joint

15

stipulation shortens the briefing schedule and contemplates that the Court may

16

choose to resolve Plaintiffs’ Motion without a hearing.

17

4.

The shortened briefing and hearing schedule for Plaintiffs’ Motion also

18

provides a prompt filing deadline for Defendants’ Rule 12 Motion (10 days from the

19

Court’s ruling on Plaintiffs’ Motion) and permits briefing to proceed on either the

20

Fourth or Fifth Amended Complaint depending on the Court’s ruling.

21

4.

In light of Defendants’ intent to oppose Plaintiffs Motion for Leave to

22

Amend and File Fifth Amended Complaint, the parties met and conferred and agreed

23

to the following shortened briefing schedule in order to resolve this motion as soon

24

as practicable:

25

Motion:

October 29, 2015 (already filed contemporaneously with

26

this Stipulation, including as an exhibit Plaintiffs’ Proposed Fifth Amended

27

Complaint)

28

Opposition:

November 9, 2015

-7-

1

Reply:

2

6.

November 12, 2015

Within 10 days of the Court’s ruling on Plaintiffs’ Motion, Defendants

3

may file a Rule 12 Motion. Defendants shall notice any such motion for hearing

4

under the Local Rules. Given the circumstances of the case, the parties believe it

5

would be appropriate to waive the requirements of Local Rule 7-3 for purposes of

6

such Rule 12(b) motion. The proposed schedule allows for expeditious and efficient

7

briefing by the parties and provides for a prompt resolution of both motions by the

8

Court.

9

5.

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

10

matter to be heard on shortened time, and respectfully request the Court enter an

11

Order based on the parties proposed dates in their joint stipulation submitted

12

concurrently herewith.

13

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

14

Executed this 29th day of October 2015, in the City of San Diego, State of

15

California.

16

By:

17

/s/ Betsy C. Manifold
BETSY C. MANIFOLD

18
19
20
21
22
23
24
25
26
27
28

WARNER/CHAPPELL: 22346. Stip. OST

-8-