Bryan Pringle v. William Adams Jr et al

Filing 230

APPLICATION to Continue Hearing on Motion for Summary Judgment and Trial and Pre-Trial Dates Re: MOTION for Summary Judgment 159 , Order, Set/Reset Motion Hearing and R&R Deadlines 183 , Order, Set/Reset Deadlines/Hearings,, 179 filed by Defendants David Guetta, Frederick Riesterer, Shapiro Bernstein and Co. (Attachments: # 1 Declaration of Barry I. Slotnick, # 2 Proposed Order)(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 Defendants SHAPIRO
BERNSTEIN & CO., INC., DAVID
8 GUETTA AND FREDERIC
RIESTERER
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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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SOUTHERN DIVISION
BRYAN PRINGLE, an individual,
Plaintiff,
v.

WILLIAM ADAMS, JR.; STACY
17 FERGUSON; ALLAN PINEDA; and
JAIME GOMEZ, all individually and
18 collectively as the music group The
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
APPLICATION TO CONTINUE
HEARING DATE FOR
DEFENDANTS’ SUMMARY
JUDGMENT MOTION, PRETRIAL
CONFERENCE DATE AND TRIAL
DATE
Complaint Filed: October 28, 2010
Trial Date: March 27, 2012

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APPLICATION TO CONTINUE DATES
NY997779.1
217131-10001

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Defendants David Guetta, Frederic Riesterer and Shapiro, Bernstein & Co.,

2 Inc. (together the “Guetta Defendants”), respectfully submit this Application to
3 Continue the Hearing Date for Defendants’ Summary Judgment Motion, the Pretrial
4 Conference Date and Trial Date. This Application is supported by the
5 accompanying declaration of Barry I. Slotnick, and is made with the consent of
6 Defendants William Adams, Allan Pineda, Jaime Gomez, and Stacy Ferguson p/k/a
7 Fergie, all individually and collectively known as the music group The Black Eyed
8 Peas, will.i.am. music llc, Tab Magnetic Publishing, Headphone Junkie Publishing,
9 LLC, Cherry River Music Co., Jeepney Music, Inc., EMI April Music (together the
10 “Adams Defendants”), and of Defendants UMG Recordings, Inc. and Interscope
11 Records (together the “UMG Defendants”), and is made with reference to the
12 following facts:
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1.

WHEREAS, on November 17, 2011, the Guetta Defendants filed a

14 motion for summary judgment (Doc. 159-172) (hereafter “Defendants’ MSJ”) and
15 set a hearing date of December 19, 2011.
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2.

WHEREAS, on November 21, 2011, the Parties submitted a Stipulation

17 and Proposed Order requesting, among other things, that the Court continue the
18 hearing date for Defendants’ MSJ from December 19, 2011 to February 20, 2012.
19 (Doc. 177.)
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3.

WHEREAS, by Order dated November 22, 2011 (Doc. 179), the Court

21 granted in part and denied in part the Parties’ Stipulation and Proposed Order, and
22 set the hearing date on Defendants’ MSJ for January 23, 2012. The Court’s
23 November 22, 2011 Order also scheduled the final pretrial conference for March 12,
24 2012, the exhibit conference for March 23, 2012, and a jury trial to commence on
25 March 27, 2012. (Doc. 179.)
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4.

WHEREAS, on December 8, 2011, the parties submitted a stipulation

27 requesting a one-week adjournment of the hearing date on the Defendants’ MSJ,
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APPLICATION TO CONTINUE DATES
NY997779.1
217131-10001

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1 from January 23, 2012 to January 30, 2012 to accommodate a scheduling conflict of
2 the Guetta Defendants’ lead trial counsel, Barry I. Slotnick, who was scheduled to
3 begin a jury trial before Judge Pauley in the Southern District of New York on
4 January 23, 2012, which trial was expected to last only five days and be concluded
5 by January 27, 2012. (Doc. 182.) On December 13, 2011, the Court granted the
6 parties’ stipulated request, and continued the hearing date of Defendants’ MSJ from
7 January 23, 2012 to January 30, 2012. (Doc. 183)
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5.

WHEREAS, on January 18, 2012, Mr. Slotnick appeared for a pretrial

9 conference with Judge Pauley and learned that his jury trial scheduled to commence
10 on January 23, 2012 will likely carry over to the following week and conflict with
11 the January 30, 2012 hearing date for Defendants’ MSJ.
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6.

WHEREAS, the Guetta Defendants respectfully submit that, for the

13 reasons discussed in their summary judgment reply papers (Doc. 213-223), ample
14 grounds exists to grant Defendants’ MSJ without the need to hold a hearing.
15 Nevertheless, should the Court have any concerns granting Defendants’ MSJ
16 without a hearing, the Guetta Defendants respectfully request that the Court
17 continue the MSJ hearing date to March 5, 2012, which is the next available hearing
18 date on which all parties’ respective lead counsel are available.
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7.

WHEREAS, if the Court grants the Guetta Defendants’ requested

20 extension of the MSJ hearing date from January 30, 2012 to March 5, 2012, the
21 Guetta Defendants respectfully request that the Court also grant a 45-day
22 continuance of the final pretrial conference (from March 12, 2012 to April 23,
23 2012), the exhibits conference (from March 23, 2012 to May 4, 2012), and trial
24 (from March 27, 2012 to May 8, 2012). This will obviate the need for the parties to
25 expend significant resources preparing the various pretrial materials and motions in
26 limine without the benefit of the Court’s decision on Defendants’ MSJ, which will
27 likely eliminate some or all of the issues to be tried.
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APPLICATION TO CONTINUE DATES

8.

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WHEREAS, the Adams Defendants and the UMG Defendants consent

2 to this requested adjournment.
9.

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WHEREAS, the Guetta Defendants sought the consent of Plaintiff’s

4 counsel, but were advised that Plaintiff’s lead counsel was in transit and could not
5 be reached.
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BASED UPON THE FOREGOING FACTS, the Guetta Defendants

7 respectfully request that the Court (i) continue the hearing date on Defendants’ MSJ
8 from January 30, 2012 to March 5, 2012, and, if that continuance is granted, (ii)
9 grant a 45-day continuance of the Final Pretrial Conference (from March 12, 2012 to
10 April 23, 2012 at 1:30 p.m.), the Exhibits Conference (from March 23, 2012 to May
11 4, 2012 at 3:00 p.m.), and commencement of Trial (from March 27, 2012 to May 8,
12 2012 at 9:00 a.m.).
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Dated: January 20, 2012

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Donald A. Miller
Barry I. Slotnick
Tal E. Dickstein
LOEB & LOEB LLP
By: /s/ Barry I. Slotnick
Attorneys for Defendants DAVID GUETTA,
FREDERIC RIESTERER and SHAPIRO,
BERNSTEIN & CO., INC.

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APPLICATION TO CONTINUE DATES