Don Henley et al v. Charles S Devore et al

Filing 118

STIPULATION to Reschedule Time to Reopen Case 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. 118

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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) STIPULATION REGARDING EXTENSION OF TIME TO REOPEN CASE

CHARLES S. DEVORE and JUSTIN HART, Defendants.

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WHEREAS, on July 12, 2010, having been notified that the parties had reached a settlement in principle of this action, the Court dismissed the action in its entirety without prejudice to the right, upon good cause being shown within forty-five (45) days, to reopen the action if the settlement was not consummated; WHEREAS, because, under the terms of the settlement in principle, Defendants had sixty (60) days from execution to pay the full amount due under the settlement agreement ("full settlement amount"), the Court, upon stipulation of the parties, issued a further order on July 16, 2010, which provides that upon good cause being shown, the parties have ninety (90) days from the date of that order ­ i.e., until October 14, 2010 ­ to reopen the action if the settlement is not finalized and the full settlement amount is not paid; WHEREAS, the settlement agreement was fully executed as of August 4, 2010, and the full settlement amount was due no later than October 3, 2010; WHEREAS, to date, the full settlement amount has not been paid, and Defendants have advised Plaintiffs that they seek additional time for payment; and WHEREAS, as an alternative to reopening the action at this time, Plaintiffs are willing to allow Defendants an extension of time to pay the full settlement amount, according to such terms as the parties may agree, provided that Plaintiffs have the right to reopen the action within ninety (90) days if the full settlement amount (including any applicable interest, attorneys' fees and costs) is not paid; NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the parties, through their undersigned counsel of record, and subject to the Court's approval, that the parties have the right to reopen the action within ninety (90) days if the full settlement amount is not paid, or for other good cause shown.

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Dated:

October 8, 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: October 8, 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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