Rupa Marya v. Warner Chappell Music Inc

Filing 34

[DOCUMENT STRICKEN PURSUANT TO ORDER G-112-B] - STIPULATION to Consolidate Cases as to CV13-05164-GHK with Lead Case CV13-04460-GHK filed by plaintiffs Good Morning to You Productions Corp, Rupa Marya. (Attachments: # 1 Declaration of Betsy C. Manifold In Support of Thereof, # 2 Proposed Order Thereon)(Manifold, Betsy) Modified on 8/28/2013 (shb).

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FRANCIS M. GREGOREK (144785)
[e-mail]
BETSY C. MANIFOLD (182450)
[e-mail]
RACHELE R. RICKERT (190634)
[e-mail]
MARISA C. LIVESAY (223247)
[e-mail]
WOLF HALDENSTEIN ADLER
FREEMAN & HERZ LLP
750 B Street, Suite 2770
San Diego, CA 92101
Telephone: [phone]
Facsimile: 619/234-4599
Attorneys for Plaintiffs Good Morning to You
Productions Corp., Robert Siegel, and Rupa Marya
[Additional Counsel Appear on Signature Page]
UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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16 RUPA MARYA, et al.,
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Plaintiffs,
v.

20 WARNER/CHAPPELL MUSIC,
21 INC.,
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Defendant.

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Lead Case No. CV 13-04460-GHK
(MRWx)
STIPULATION CONSOLIDATING
RELATED ACTIONS FOR ALL
PURPOSES; AND COORDINATING
SCHEDULE FOR FILING OF AND
RESPONSE TO CONSOLIDATED
SECOND AMENDED COMPLAINT;
DECLARATION OF BETSY C.
MANIFOLD IN SUPPORT
THEREOF; AND [PROPOSED]
ORDER THEREON
Room: 650 (Roybal)
Judge: Hon. George H. King, Chief Judge

1 MAJAR PRODUCTIONS, LLC, On
Behalf of Itself and All Others
2 Similarly Situated,
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Plaintiff,
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5 v.
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WARNER/CHAPPELL MUSIC,
7 INC.; SUMMY-BIRCHARD, INC.,
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Defendants.

) Case No. CV 13-05164-GJK (MRWx)
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) Room: 650 (Roybal)
) Judge: Hon. George H. King, Chief Judge
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WHEREAS, upon the stipulation of the parties to the following related

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actions, Siegel v. Warner/Chappell Music, Inc., Case No. CV 13-04418-GHK

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(MRWx), filed June 19, 2013, and Marya v. Warner/Chappell Music, Inc., Case No.

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CV 13-04460 GHK (MRW) (the “Lead Case”), filed June 20, 2013, these actions

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were consolidated by Order of the Court entered July 16, 2013 [ECF No. 17] (the

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“Consolidation Order”) for all purposes (the “Consolidated Action”); and

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WHEREAS pursuant to the Consolidation Order, Plaintiffs Good Morning To

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You Productions Corp. (“GMTY”), Robert Siegel (“Siegel”), and Rupa Marya

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(“Marya”), filed with the Court a Consolidated First Amended Class Action

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Complaint against Defendant Warner/Chappell Music, Inc. (“Warner/Chappell”), on

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or about July 26, 2013 [ECF No. 29]; and

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WHEREAS, on July 17, 2013, Plaintiff Majar Productions, LLC (“Majar”)

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commenced an action entitled Majar Productions, LLC, v. Warner/Chappell Music,

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Inc., et al., Case No. CV 13-05164-GHK (MRWx) (the “Majar Action”) against

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defendants Warner/Chappell and Summy-Birchard, Inc., (“Summy”), that has been

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deemed related to the Consolidated Actions and subsequently reassigned for all

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purposes to the Honorable George H. King, Chief Judge, as of July 22, 2013 [Majar

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Action ECF No. 5]; and

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WHEREAS the Consolidated Action and the Majar Action (collectively

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referred to as the “Related Actions”) involve substantially similar questions of law

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and allegations against defendant Warner/Chappell and/or Summy; and

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WHEREAS, plaintiffs GMTY, Siegel, Marya, and Majar (collectively

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“Plaintiffs”)

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“Defendants”) have agreed that consolidation of the Related Actions is appropriate

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under Federal Rules of Civil Procedure 42(a) in that consolidation would save time

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and effort by avoiding unnecessary costs, inconvenience, and delay; provided that

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nothing in this stipulation or proposed order shall be construed to indicate

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Defendants’ agreement that class certification is appropriate for either of the Related

21434065.1

and

defendants

Warner/Chappell

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and

Summy

(collectively

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Actions, for the proposed consolidated class action, or for any other subsequently

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related action; and

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WHEREAS, the Plaintiffs and Defendants have agreed that Plaintiff Majar

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Productions, LLC shall be added as a named party plaintiff and Defendant Summy

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shall be added as a named party defendant to the Consolidated Action; Plaintiffs

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shall, within two (2) days of the filing of this stipulation, hand-serve or

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electronically deliver to Defendants’ counsel a Consolidated Second Amended Class

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Action Complaint, solely to conform the allegations and claims in the Consolidated

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First Amended Class Action Complaint and the complaint in the Majar Action to

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each other, as provided by this stipulation (“Consolidated Second Amended Class

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Action Complaint”); and Plaintiffs shall, within two (2) days of the entry of the

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Order on this stipulation, file the Consolidated Second Amended Class Action

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Complaint; and

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WHEREAS, the parties have agreed that, because the Consolidated Second

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Amended Class Action Complaint will not make any substantive changes to the

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allegations or claims as previously filed in the Consolidated First Amended Class

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Action Complaint or the complaint in the Majar Action, the schedule established by

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the Court’s Consolidation Order for Defendant Warner/Chappell’s response to the

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Consolidated

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Warner/Chappell and Summy shall respond to the Consolidated Second Amended

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Class Action Complaint on or before August 30, 2013. The parties shall follow all

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additional briefing schedules pursuant to the applicable Local Rules and/or Orders

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of the Court; and

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Complaint

shall

remain

unchanged,

and

that

Defendants

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED,
by and between the undersigned counsel, as follows:

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CONSOLIDATION OF RELATED ACTIONS

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shall be consolidated for all purposes to the Lead Case:

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Abbreviated Case Name

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Good

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to

You CV 13-04460 GHK (MRW)

Date Filed
July 26, 2013

Warner/Chappell Music, Inc.

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Majar Productions, LLC. v. CV 13-05164 GHK (MRW)

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July 17, 2013

Warner/Chappell Music, Inc., et

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al.

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Morning

Case Number

Productions Corp., et al. v.

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Pursuant to Federal Rules of Civil Procedure 42(a), the following cases

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That the docket and caption for the Consolidated Second Amended

Class Action Complaint (and all further filings in this Docket) shall be:

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16 GOOD MORNING TO YOU
17 PRODUCTIONS CORP.; ROBERT
SIEGEL; RUPA MARYA; MAJAR
18 PRODUCTIONS, LLC; On Behalf of
19 Themselves and All Others Similarly
Situated,
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Plaintiffs,
v.

24 WARNER/CHAPPELL MUSIC,
INC., and SUMMY-BICHARD,
25 INC.,
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Defendants.
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Lead Case No. CV 13-04460-GHK
(MRWx)
[DOCUMENT TITLE]
Room: 650 (Roybal)
Judge: Hon. George H. King, Chief Judge

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Plaintiffs shall, within two (2) days of the filing of this stipulation,

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hand-serve or electronically deliver to Defendants’ counsel a Consolidated Second

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Amended Class Action Complaint, solely to conform the allegations and claims in

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the Consolidated First Amended Class Action Complaint and the complaint in the

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Majar Action to each other, as provided by this stipulation; and Plaintiffs shall,

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within two (2) days of the entry of the Order on this stipulation, file the

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Consolidated Second Amended Class Action Complaint, unless otherwise ordered

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by the Court.

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Provided that the Court enters the [Proposed] Order on this stipulation

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without change to the timing of the filing or content of the Consolidated Second

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Amended Class Action Complaint, Defendants will respond to the Consolidated

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Second Amended Class Action Complaint on or before August 30, 2013.

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The parties shall follow the briefing schedule on any motion in

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response to the Consolidated Second Amended Class Action Complaint in

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accordance with the Local Rules and the Court’s Consolidation Order.

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Nothing in Defendant’s agreement to consolidation under Fed. R. Civ.

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P. 42(a) shall be construed to indicate Defendant’s agreement that class certification

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is appropriate for either of the Related Actions, for the proposed consolidated class

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action, or for any other related action.

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Dated: August 14, 2013

WOLF HALDENSTEIN ADLER
FREEMAN & HERZ LLP
FRANCIS M. GREGOREK
BETSY C. MANIFOLD
RACHELE R. RICKERT
MARISA C. LIVESAY

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By:

/s/ Betsy C. Manifold
BETSY C. MANIFOLD

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750 B Street, Suite 2770
San Diego, CA 92101
Telephone: [phone]
Facsimile: 619/234-4599
[e-mail]
[e-mail]
[e-mail]
[e-mail]
WOLF HALDENSTEIN ADLER
FREEMAN & HERZ LLP
MARK C. RIFKIN
JANINE POLLACK
BETH A. LANDES
GITI BAGHBAN
270 Madison Avenue
New York, NY 10016
Telephone: [phone]
Facsimile: 212/545-4753
[e-mail]
[e-mail]
[e-mail]
[e-mail]
DONAHUE GALLAGHER
WOODS LLP
WILLIAM R. HILL
ANDREW S. MACKAY
DANIEL J. SCHACHT
1999 Harrison Street, 25th Floor
Oakland, CA 94612-3520
Telephone: [phone]
Facsimile: 510/832-1486
[e-mail]
[e-mail]
[e-mail]

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RANDALL S. NEWMAN PC
RANDALL S. NEWMAN (SBN 190547)

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37 Wall Street, Penthouse D
New York, NY 10005
Telephone: [phone]
Facsimile: 212/797-3172
[e-mail]
Attorneys for Plaintiffs Good Morning To
You Productions Corp., Robert Siegel, and
Rupa Marya

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Dated: August 14, 2013

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GLANCY BINKOW & GOLDBERG, LLP
By:

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1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: 310/201-9160
[e-mail]
Attorneys for Plaintiff Majar Productions,
LLC

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/s/ Lionel Z. Glancy
LIONEL Z. GLANCY

Dated: August 14, 2013

MUNGER TOLLES & OLSON LLP
By:

/s/ Glenn D. Pomerantz
GLENN D. POMERANTZ
355 South Grand Avenue, 35th Floor
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: 213/687-3702
[e-mail]
Attorneys for Defendants Warner/Chappell
Music, Inc. and Summy-Birchard, Inc.

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DECLARATION REGARDING CONCURRENCE

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

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being used to file this STIPULATION CONSOLIDATING CASES FOR ALL

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PURPOSES AND SETTING SCHEDULE FOR FILING OF CONSOLIDATED

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COMPLAINT. In compliance with L.R. 5-4.34, I hereby attest that Lionel Z.

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Glancy and Glenn D. Pomerantz have concurred in this filing.

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DATED: August 14, 2013

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WOLF HALDENSTEIN ADLER
FREEMAN & HERZ LLP
By:

/s/ Betsy C. Manifold
BETSY C. MANIFOLD

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