Rupa Marya v. Warner Chappell Music Inc

Filing 300

Joint STIPULATION for Extension of Time to File Plaintiffs' Motion for Preliminary Approval, Joint STIPULATION to Continue Stay, Joint STIPULATION to Expedite Hearing Date filed by Plaintiffs Good Morning to You Productions Corp, Majar Productions LLC, Rupa Marya, Robert Siegel. (Attachments: # 1 Declaration of Betsy C. Manifold, # 2 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
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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA -

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WESTERN DIVISION

14 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 RE: LATE
FILING OF PLAINTIFFS’ MOTION
FOR PRELIMINARY APPROVAL;
CONTINUANCE OF STAY; AND
REQUEST TO SHORTEN TIME FOR
HEARING DATE AND [PROPOSED]
ORDER GRANTING STIPULATION
Date:
Time:
Room:
Judge:

March 14, 2016
9:30 a.m.
650
Hon. George H. King,
Chief Judge

WHEREAS, as directed by the Court (Dkt. No. 290), on December 18, 2015,

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2 the Parties1 filed a joint status report suggesting a proposed schedule and steps for
3 implementing a settlement in principal (the “Settlement”);
WHEREAS, on December 22, 2015, the Court stayed this action until

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5 February 1, 2016 to allow the Parties to file a Motion for Preliminary Approval (Dkt.
6 No. 292);
WHEREAS, the Parties, by joint stipulation filed on January 29, 2016 (Dkt.

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8 No. 298), requested that the filing date for the Motion for Preliminary Approval be
9 extended by one week to allow the Parties to resolve the remaining disputed issues;
WHEREAS, on January 29, 2016, the Court extended the filing date for the

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11 Motion for Preliminary Approval to February 5, 2016 and extended the stay of this
12 action to February 8, 2016 (Dkt. No.299);
WHEREAS, after extensive negotiations over the last seven days, with

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14 continuing (almost around the clock) exchange of multiple drafts of the settlement
15 agreement, notices, claim form, and other related settlement documents, Plaintiffs
16 and Defendants finally resolved the remaining Settlement issues;
WHEREAS, the Parties are now prepared to execute the Settlement
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18 Agreement on February 8, 2016 and Plaintiffs are also prepared to file their Motion
19 for Preliminary Approval;
WHEREAS, until today, the Parties were unable to fully execute the

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21 Settlement Agreement and Plaintiffs were unable to timely file their Motion for
22 Preliminary Approval;
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The “Parties” are defined as the “Plaintiffs,” which collectively refers to
Plaintiffs Good Morning To You Productions Corp., Robert Siegel, Rupa Marya, and
25 Majar Productions, LLC, the “Defendants” which collectively refers to Defendants
26 Warner/Chappell Music, Inc. and Summy-Birchard, Inc., and the “Intervenors”,
which collectively refers to the Association for Childhood Education International
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and the Hill Foundation, Inc.
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WHEREAS, the Parties have now executed the Settlement Agreement and the

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Plaintiffs have concurrently lodged their Motion for Preliminary Approval as of this

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date, which is one Court date late under the Court’s January 29, 2016 Order;
WHEREAS, as good cause exists, the Parties request that the Court permit the

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late filing of Plaintiffs’ Motion for Preliminary Approval;
WHEREAS, Plaintiffs’ Motion for Preliminary Approval, once filed, is

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noticed to be heard on March 14, 2015 under L.R. 6-1;

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WHEREAS, Plaintiffs’ Motion for Preliminary Approval is unopposed and the

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Court has expressed its desire to have this action resolved promptly and without

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delay;
WHEREAS, the Parties request an order shortening time for the hearing of

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Plaintiffs’ Motion for Preliminary Approval to February 29, 2016; and

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WHEREAS, the Parties further request a stay of this action pending the

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Court’s hearing and determination of the Plaintiffs’ Motion for Preliminary

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Approval;
NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by

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and between the Parties, through the undersigned counsel, as follows:
1.

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As good cause exists for the delay of one court day in filing, Plaintiffs

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are permitted to file the attached Motion for Preliminary Approval of Class Action

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Settlement;
2.

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Plaintiffs shall file the Motion for Preliminary Approval of Class Action

Settlement no later than one court day after entry of this Court’s order; and
3.

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As the Court wishes to move this matter forward without delay and the

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Plaintiffs’ Motion for Preliminary Approval is unopposed, the date for hearing this

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Motion shall be shortened to February 29, 2016; and

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///

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///

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///

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4.

Pending the hearing and Court’s determination of Plaintiffs’ Motion for

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Preliminary Approval of Class Action Settlement, stay of this action shall be

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continued except as necessary to implement the settlement.

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IT IS SO STIPULATED.

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Respectfully submitted,
Dated: February 8, 2016

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

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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
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

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

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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: February 8, 2016

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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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

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

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Dated: February 8, 2016

WHITEFORD, TAYLOR &
PRESTON LLP
By: /s/ Steven Tiller
STEVEN TILLER

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STEVEN TILLER (pro hac vice)
[e-mail]
7 St. Paul Street
Baltimore, MD 21202
Telephone: [phone]
Facsimile: 410/223-4325

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SCOTT O. LUSKIN (238082)
[e-mail]
PAYNE & FEARS LLP
801 South Figueroa Street, Suite 1150
Los Angeles, CA 90017-2566
Telephone: [phone]
Facsimile: 213/439-9922

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Attorneys for Intervenor
THE ASSOCIATION FOR CHILDHOOD
EDUCATION INTERNATIONAL AND THE
HILL FOUNDATION, INC.

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DECLARATION REGARDING CONCURRENCE

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

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are being used to file this: JOINT STIPULATION RE: LATE FILING OF

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PLAINTIFFS’

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CONTINUANCE OF STAY AND REQUEST TO SHORTEN TIME FOR

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HEARING DATE AND [PROPOSED] ORDER GRANTING STIPULATION.

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In compliance with L.R. 5-4.3.4(a)(2)(i), I hereby attest that Kelly M. Klaus and

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Steven Tiller have concurred in this filing’s content and has authorized its filing.

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MOTION

DATED: February 8, 2016

FOR

By:

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WARNER/CHAPPELL: 22681.v2

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PRELIMINARY

APPROVAL;

/s/ Betsy C. Manifold___________
BETSY C. MANIFOLD