Rupa Marya v. Warner Chappell Music Inc

Filing 331

STIPULATION for Order Extending Claims Deadline for Certain Settlement Class Members filed by Plaintiffs Good Morning to You Productions Corp, Majar Productions LLC, Rupa Marya, Robert Siegel. (Attachments: #1 Exhibit A, #2 Proposed Order)(Rickert, Rachele)

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
[Additional counsel appear on signature page]
11
UNITED STATES DISTRICT COURT
12
CENTRAL DISTRICT OF CALIFORNIA 13
WESTERN DIVISION
14
) Lead Case No. CV 13-04460-GHK (MRWx)
GOOD MORNING TO YOU
15 PRODUCTIONS CORP., et al.,
)
) STIPULATION EXTENDING
16
Plaintiffs,
) CLAIMS DEADLINE FOR CERTAIN
17
) SETTLEMENT CLASS MEMBERS
18 v.
)
)
19
WARNER/CHAPPELL MUSIC, )
20 INC., et al.
)
650
) Room:
21
Defendants.
) Judge:
Hon. George H. King, Chief
22
)
Judge
)
23
24
25
26
27
28

1

Plaintiffs and Defendants, by and through their undersigned counsel, hereby

2 stipulate and agree as follows:
3

WHEREAS, pursuant to the Preliminary Approval Order, on March 28, 2016,

4 the Settlement Administrator mailed Notice to 1,566 Settlement Class Members
5 whose names and addresses were provided to the Settlement Administrator by
6 Defendants;
7

WHEREAS, on April 8, 2016, Plaintiffs’ Counsel, without notice to

8 Defendants’ counsel, provided to the Settlement Administrator a list of 83 names
9 and email addresses for foreign rights societies that Plaintiffs’ Counsel believed may
10 be Settlement Class Members, and requested that the Settlement Administrator send
11 Notices by email to those 83 foreign rights societies;
12

WHEREAS, through a clerical mistake by the Settlement Administrator,

13 those emails were not sent until May 5, 2016, a lapse of 27 days;
14

WHEREAS, during the week of May 23, 2016, the Settlement Administrator

15 and Plaintiffs’ Counsel first informed Defendants’ Counsel of the aforementioned
16 list of foreign rights societies and of the aforementioned clerical mistake; and the
17 Settlement Administrator confirmed to the parties that Notices were timely mailed
18 to 35 of the 83 foreign rights societies on the aforementioned list provided when the
19 Notices were mailed on March 28, 2016, but the Settlement Administrator had no
20 way of verifying that the remaining 48 foreign rights societies on the list received
21 Notice until the email was sent on May 5, 2016; a list of the 48 foreign rights
22 societies in issue is attached to this Stipulation as Exhibit A;
23

WHEREAS, counsel for Plaintiffs and Defendants and the Settlement

24 Administrator have conferred and, to accommodate those 48 foreign rights societies
25 on the aforementioned list, have agreed to extend the deadline for those 48 foreign
26 rights societies to submit claims against the Net Settlement Fund by 27 days, until
27 June 24, 2016; and
28 ///
-1-

1

WHEREAS, counsel for Plaintiffs directed the Settlement Administrator to

2

send, and the Settlement Administrator on May 27, 2016, will send, the following

3

email to those 48 foreign rights societies, advising them of the extension of the

4

deadline for them to file claims:

5

RE: Happy Birthday Litigation Extension of Claim Deadline

6
7
8
9
10
11
12
13
14
15
16

You may not have received notice of the Settlement until May 5,
2016, when it was sent to you by email. Therefore, please be
advised that the Parties have agreed to extend the deadline for you
to submit a claim to June 24, 2016. To be timely, your claim must
be received by the Settlement Administrator no later than June 24,
2016. No other dates or deadlines have been changed.
THERFORE, Plaintiffs and Defendants hereby stipulate and agree that the
deadline for those 48 foreign rights societies to submit Claims shall be extended by
27 days, until June 24, 2016. All other dates and deadlines shall remain unchanged.
Dated: May 27, 2016
WOLF HALDENSTEIN ADLER
FREEMAN & HERZ LLP
By:

17

/s/ Rachele R. Rickert
RACHELE R. RICKERT
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

18
19
20
21
22
23
24

WOLF HALDENSTEIN ADLER
FREEMAN & HERZ LLP
MARK C. RIFKIN (pro hac vice)
[e-mail]
RANDALL S. NEWMAN (190547)
[e-mail]
270 Madison Avenue
New York, NY 10016

25
26
27
28
-2-

1

Telephone: [phone]
Facsimile: 212-545-4753

2

Lead Counsel for Plaintiffs

3

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

4
5
6
7
8
9
10

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

11
12
13
14
15
16

23

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

24

Attorneys for Plaintiffs

25

MUNGER, TOLLES & OLSON
LLP

17
18
19
20
21
22

26
27

By:

28
-3-

/s/ Kelly M. Klaus
KELLY M. KLAUS

7

GLENN D. POMERANTZ (112503)
[e-mail]
KELLY M. KLAUS (161091)
[e-mail]
MELINDA E. LEMOINE (235670)
[e-mail]
ADAM I. KAPLAN (268182)
[e-mail]
355 South Grand Avenue
Thirty-Fifth Floor
Los Angeles, California 90071-1560
Telephone: [phone]
Facsimile: [phone]

8

Attorneys for Defendants

1
2
3
4
5
6

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

22957.v2

-4-