Bryan Pringle v. William Adams Jr et al

Filing 121

NOTICE OF MOTION AND MOTION to Dismiss Rister Editions Based on Improper Service; Rister Editions. Motion set for hearing on 4/25/2011 at 10:00 AM before Judge Josephine Staton Tucker. (Miller, Donald)

1 DONALD A. MILLER (SBN 228753)
[e-mail]
2 BARRY I. SLOTNICK (Pro Hac Vice)
[e-mail]
3 TAL E. DICKSTEIN (Pro Hac Vice)
[e-mail]
4 LOEB & LOEB LLP
10100 Santa Monica Boulevard, Suite 2200
5 Los Angeles, California 90067-4120
Telephone: [phone]
6 Facsimile: 310-282-2200
7 Attorneys for RISTER EDITIONS
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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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SOUTHERN DIVISION

12 BRYAN PRINGLE, an individual,
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Plaintiff,
v.

15 WILLIAM ADAMS, JR.; STACY
FERGUSON; ALLAN PINEDA; and
16 JAIME GOMEZ, all individually and
collectively as the music group The
17 Black Eyed Peas, et al.,
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Defendants.

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Case No. SACV 10-1656 JST(RZx)
Hon. Josephine Staton Tucker
Courtroom 10A
NOTICE OF MOTION OF
NONPARTY RISTER EDITIONS
TO DISMISS BASED ON
IMPROPER SERVICE
Hearing Date: April 25, 2011
Time: 10:00 A.M.
Dept.: 10A
Complaint Filed: October 28, 2010
Trial Date: Not Assigned

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NY891843.1
213532-10005

NOTICE OF MOTION TO DISMISS

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TO ALL PARTIES AND COUNSEL OF RECORD:

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PLEASE TAKE NOTICE that, on April 25, 2011, at 10:00 A.M., or as soon

3 thereafter as counsel may be heard in the courtroom of the Honorable Josephine
4 Staton Tucker, United States District Judge, Central District of California, located at
5 the Santa Ana Courthouse, 411 West Fourth Street, Courtroom 10A, Santa Ana, CA
6 92701-4516, nonparty Rister Editions will and hereby does move for an Order
7 dismissing Plaintiff’s First Amended Complaint for improper service, and for an
8 award of attorneys’ fees and costs incurred in making this Motion.
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This Motion is made pursuant to Rule 12(b)(5) of the Federal Rules of Civil

10 Procedure, 28 U.S.C. § 1927, and the Court’s inherent powers, and is based on this
11 Notice of Motion; the Memorandum and Points of Authorities in support thereof;
12 the Court file; any reply Rister Editions may make; and any further argument as may
13 be presented to the Court prior to or at the hearing on this motion, or subsequent
14 thereto as permitted by the Court.
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This motion is made following Rister Editions’ participation in a conference

16 of counsel pursuant to Local Rule 7-3 on March 25, 2011.
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Dated: March 28, 2011

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LOEB & LOEB LLP
By: /s/ Barry I. Slotnick
Barry I. Slotnick
Donald A. Miller
Tal E. Dickstein

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Attorneys for RISTER EDITIONS

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NY891843.1
213532-10005

NOTICE OF MOTION TO DISMISS

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