Don Henley et al v. Charles S Devore et al

Filing 90

Joint STIPULATION 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. 90

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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 SCHEDULING OF SETTLEMENT CONFERENCE

CHARLES S. DEVORE and JUSTIN HART, Defendants.

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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 must be completed no later than July 9, 2010; 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 the requested date, and notified the parties to submit such request in writing, including an alternate requested date for the conference; WHEREAS, the Magistrate Judge's Deputy Clerk further informed the parties that if any participant was planning to request to be available at the conference by telephone rather than in person, as set forth in paragraph 7 of the Court's Order Re

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Settlement Conference, then the parties should include such request in writing when scheduling the conference; WHEREAS, Plaintiff Don Henley has full authority to settle and resolve this case on behalf of himself and his co-Plaintiffs, Mike Campbell and Danny Kortchmar (who are not authorized to settle without Henley's consent); WHEREAS, Henley resides outside the District, in Dallas, Texas; WHEREAS, Henley will have just completed several months of touring with his band, the Eagles, at the time of anticipated settlement conference, and needs to attend to various personal matters at home with respect to his wife, who suffers from a chronic illness, and their three school-aged children; WHEREAS, Henley is fully prepared to be accessible by telephone during the entire settlement conference; WHEREAS, Defendant Chuck DeVore is a member of the California Assembly and expects to be in session on July 7 and 8; WHEREAS, Defendant Justin Hart resides in Virginia and will be unable to attend in person; and WHEREAS, both Defendants will be available by telephone during the settlement conference; NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the parties, through their undersigned counsel of record, that: 1. The parties hereby request, pursuant to Local Rule 16-15.4 and the Court's

orders referenced above, that the parties appear for a settlement conference before the Magistrate Judge on Thursday, July 8, 2010 at 9:30 a.m.; 2. Alternatively, if the Magistrate Judge is unavailable on July 8, the parties

request to appear for a settlement conference before the Magistrate Judge on Wednesday, July 7, 2010 at 9:30 a.m.;

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3.

Pursuant to paragraph 7 of the Court's Order Re Settlement Conference,

Plaintiff Henley, who resides outside the District, requests to be excused from personal attendance at the settlement conference, for the reasons set forth above. He will be available by telephone for the duration of the conference, and his counsel will personally attend the conference with full authority to act on his behalf; and 4. Pursuant to paragraph 7 of the Court's Order Re Settlement Conference,

Defendant Hart, who resides outside the District, and Defendant DeVore, who expects to be in session with the California Assembly, request to be excused from personal attendance at the settlement conference, for the reasons set forth above. Both Defendants will be available by telephone for the duration of the conference, and their counsel will personally attend the conference with full authority to act on their behalves. Dated: June 21, 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 21, 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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