Don Henley et al v. Charles S Devore et al

Filing 100

Joint STIPULATION to Reschedule DATE FOR SETTLEMENT CONFERENCE filed by Plaintiffs Mike Campbell, Don Henley, Danny Kortchmar. (Attachments: # 1 Proposed Order)(Charlesworth, Jacqueline)

Don Henley et al v. Charles S Devore et al

Doc. 100

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MORRISON & FOERSTER LLP JACQUELINE C. CHARLESWORTH (pro hac vice) [e-mail] CRAIG B. WHITNEY (CA SBN 217673) [e-mail] 1290 Avenue of the Americas New York, New York 10104 Telephone: [phone] Facsimile: 212.468.7900 PAUL GOLDSTEIN (CA SBN 79613) [e-mail] 559 Nathan Abbott Way Stanford, California 94305-8610 Telephone: [phone] Facsimile: 650.327.0811 Attorneys for Plaintiffs ONE LLP CHRISTOPHER W. ARLEDGE (CA SBN 200767) [e-mail] JOHN TEHRANIAN (CA SBN 211616) [e-mail] 4000 MacArthur Blvd. West Tower, Suite 1100 Newport Beach, California 92660 Telephone: [phone] Facsimile: 949.258.5081 Attorneys for Defendants UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA DON HENLEY, MIKE CAMPBELL and DANNY KORTCHMAR, v. Plaintiffs, Case No. SACV09-0481 JVS (RNBx) JOINT STIPULATION REGARDING RESCHEDULING OF SETTLEMENT CONFERENCE

CHARLES S. DEVORE and JUSTIN HART, Defendants.

ny-930565
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WHEREAS, on July 28, 2009, the parties submitted their Joint Report Pursuant to Fed. R. Civ. P. 26(f), which provides, pursuant to Local Civil Rule 16-15.4, that the parties have agreed to appear before the Magistrate Judge assigned to this case for a settlement conference; WHEREAS, on May 25, 2010, the Court ordered the parties to file all necessary documents and complete the settlement conference no later than thirty (30) days following entry of the Court's order deciding the parties' summary judgment motions, subject to the availability of the Magistrate Judge and any further order of the Court; WHEREAS, on June 11, 2010, the Court entered its order on the parties' summary judgment motions, granting Plaintiffs' motion for summary judgment on the issue of copyright infringement, granting Defendants' motion for summary judgment on the issue of liability under the Lanham Act, and denying both parties' motions for summary adjudication on the issue of whether the copyright infringement was willful; WHEREAS, a jury trial to determine whether Defendants' copyright infringement was willful and the amount of damages to be awarded in connection with the copyright infringement is scheduled to commence on August 3, 2010; WHEREAS, pursuant to the Court's May 25, 2010 Order, the settlement conference is to be completed no later than July 9, 2010, subject to the availability of the Magistrate Judge and any further order of the Court; WHEREAS, on June 17, 2010, the parties jointly contacted the Magistrate Judge's Deputy Clerk to request that a settlement conference be scheduled for July 8, 2010; WHEREAS, on June 18, 2010, the Magistrate Judge's Deputy Clerk confirmed the availability of July 7 and July 8, 2010 as potential dates for the conference, and advised the parties to submit their request for a conference date in writing, and to include an alternate date for the conference;

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WHEREAS, the parties submitted such written request for a settlement conference to take place on July 8, 2010, with an alternate date of July 7, 2010; WHEREAS, on June 22, 2010, the Magistrate Judge's Deputy Clerk notified counsel for Plaintiffs that the Magistrate Judge was no longer available to hold the settlement conference on July 7 or July 8, 2010, and that the first available date for a conference is July 19, 2010; WHEREAS, the parties seek to reschedule the settlement conference for the afternoon of July 19, 2010 (following the pretrial conference in this case), the afternoon of July 21, 2010, or as soon thereafter as the Magistrate Judge and parties are available to participate in such conference; NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the parties, through their undersigned counsel of record, subject to the Court's approval, that the time for the parties to complete the settlement conference in this case is extended to July 21, 2010, or as soon thereafter as the Magistrate Judge and parties are available to participate in such conference. Dated: June 29, 2010 MORRISON & FOERSTER LLP Jacqueline C. Charlesworth Craig B. Whitney Paul Goldstein By: /s/ Jacqueline C. Charlesworth Jacqueline C. Charlesworth

Attorneys for Plaintiffs DON HENLEY, MIKE CAMPBELL and DANNY KORTCHMAR Dated: June 29, 2010 ONE LLP Christopher W. Arledge Peter Afrasiabi John Tehranian By: /s/ Christopher W. Arledge Christopher W. Arledge

Attorneys for Defendants CHARLES S. DEVORE and JUSTIN HART

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