Bryan Pringle v. William Adams Jr et al

Filing 134

NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Dismiss Party, 126 requesting reconsideration of award of sanctions pursuant to 28 U.S.C. 1927, filed by plaintiff Bryan Pringle. Motion set for hearing on 6/13/2011 at 10:00 AM before Judge Josephine Staton Tucker. (Attachments: # 1 Memorandum in support of Motion to Reconsider April 12, 2011 Order Awarding Sanctions, # 2 Declaration of Dean A. Dickie in support of Motion to Reconsider April 12, 2011 Order Awarding Sanctions)(Holley, Colin)

1 Dean A. Dickie (appearing Pro Hac Vice)
[e-mail]
2 Kathleen E. Koppenhoefer (appearing Pro Hac Vice)
[e-mail]
3 MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.
225 West Washington Street, Suite 2600
4 Chicago, IL 60606
Telephone: [phone]
5 Facsimile: 312.460.4288
6 Ira Gould (appearing Pro Hac Vice)
[e-mail]
7 Ryan L. Greely (appearing Pro Hac Vice)
[e-mail]
8 GOULD LAW GROUP
120 North LaSalle Street, Suite 2750
9 Chicago, IL 60602
Telephone: [phone]
10 Facsimile: 312.726.1328
11 George L. Hampton IV (State Bar No. 144433)
[e-mail]
12 Colin C. Holley (State Bar No. 191999)
[e-mail]
13 HAMPTONHOLLEY LLP
2101 East Coast Highway, Suite 260
14 Corona del Mar, California 92625
Telephone: [phone]
15 Facsimile: 949.718.4580
16 Attorneys for Plaintiff
BRYAN PRINGLE
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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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SOUTHERN DIVISION
)
)
)
Plaintiff,
)
)
v.
)
)
WILLIAM ADAMS, JR.; STACY
)
FERGUSON; ALLAN PINEDA; and
)
JAIME GOMEZ, all individually and
collectively as the music group The Black )
)
Eyed Peas, et al.,
)
)
Defendants.
)

21 BRYAN PRINGLE, an individual,

Case No. SACV 10-1656 JST(RZx)

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PLAINTIFF BRYAN PRINGLE’S
NOTICE OF MOTION AND
MOTION TO RECONSIDER THE
COURT’S APRIL 12, 2011 ORDER
AWARDING SANCTIONS
PURSUANT TO 28 U.S.C. § 1927

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DATE: June 13, 2011
TIME: 10:00 a.m.
CTRM: 10A

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NOTICE OF MOTION AND MOTION

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

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PLEASE TAKE NOTICE THAT on June 13, 2011, at 10:00 a.m., or as soon

4 thereafter as the matter may be heard in Department 10A of the United States District
5 Court for the Central District of California, Southern Division, located at 411 West
6 Fourth Street, in Santa Ana, California, plaintiff Bryan Pringle will and hereby does
7 move the Court for entry of an order reconsidering the Court’s April 12, 2011 Order
8 awarding sanctions against Plaintiff’s counsel pursuant to 28 U.S.C. § 1927.
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Plaintiffs brings this Motion on the following grounds:
1.

Plaintiff’s counsel’s conduct does not constitute bad faith warranting the

LLP

HAMPTONHOLLEY

2101 East Coast Highway, Suite 260
Corona del Mar, California 92625

11 exceptional penalty of sanctions; and
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2.

Evidence that Plaintiff’s counsel reasonably relied in good faith on

13 available evidence regarding the implied authority of Shapiro Bernstein to accept
14 service of process was erroneously excluded from the Court’s analysis.
15

Plaintiff”s Motion is and will be based upon this Notice of Motion and

16 Motion, the memorandum of points and authorities filed concurrently herewith, the
17 declaration of Dean A. Dickie filed concurrently herewith, the pleadings and papers
18 on file in this action, and upon such further oral and documentary briefing and
19 evidence as may be presented prior to or at the hearing on the Motion, if any.
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Dated: May 10. 2011

Dean A. Dickie (appearing Pro Hac Vice)
Kathleen E. Koppenhoefer (appearing Pro Hac Vice)
MILLER, CANFIELD, PADDOCK AND STONE,
P.L.C.

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By:

Attorneys for Plaintiff Bryan Pringle

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