Bryan Pringle v. William Adams Jr et al

Filing 237

NOTICE OF MOTION AND MOTION for Sanctions Rule 11 filed by Defendants David Guetta, Frederick Riesterer, Shapiro Bernstein and Co. Motion set for hearing on 4/16/2012 at 10:00 AM before Judge Josephine Staton Tucker. (Attachments: # 1 Proposed Order, # 2 Affidavit of Service)(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 SHAPIRO, BERNSTEIN
& CO., INC., FREDERIC
8 RIESTERER, and DAVID GUETTA
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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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SOUTHERN DIVISION

13 BRYAN PRINGLE, an individual,
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Plaintiff,
v.

16 WILLIAM ADAMS, JR.; STACY
FERGUSON; ALLAN PINEDA; and
17 JAIME GOMEZ, all individually and
collectively as the music group The
18 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 BY
DEFENDANTS SHAPIRO
BERNSTEIN & CO., INC.,
FREDERIC RIESTERER AND
DAVID GUETTA FOR SANCTIONS
AGAINST PLAINTIFF AND HIS
COUNSEL PURSUANT TO FED. R.
CIV. P. 11
Complaint Filed: October 28, 2010
Trial Date: May 8, 2012
Motion Hearing Date: April 16, 2012

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NY1000367.2
217131-10001

NOTICE OF MOTION FOR SANCTIONS

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PLEASE TAKE NOTICE that, on April 16, 2012 or as soon thereafter as

2 counsel may be heard in the courtroom of the Honorable Josephine Staton Tucker,
3 United States District Judge, Central District of California, located at the Santa Ana
4 Courthouse, 411 West Fourth Street, Courtroom 10A, Santa Ana, California 927015 4516, Defendants Shapiro, Bernstein & Co, Inc., Frederic Riesterer and David
6 Guetta (collectively “Defendants”), will and hereby do move for an Order imposing
7 sanctions on Plaintiff Bryan Pringle and his present and former counsel—Dean A.
8 Dickie and Kathleen E. Koppenhoefer, individually as well as jointly and severally
9 with Miller, Canfield, Paddock & Stone, P.L.C.; Ira P. Gould and Ryan L. Greely,
10 individually as well as jointly and severally with Gould Law Group; and George L.
11 Hampton IV and Colin C. Holley, individually as well as jointly and severally with
12 HamptonHolley LLP.
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This Motion is made pursuant to Rule 11 of the Federal Rules of Civil
14 Procedure, the Local Rules of this Court, and is based on this Notice of Motion;
15 Defendants’ Memorandum of Law in Support of Motion for Sanctions Against
16 Plaintiff and His Counsel Pursuant to Fed. R. Civ. P. 11; the Declaration of Tal E.
17 Dickstein with exhibits thereto; the Court file; any reply Defendants may make; and
18 any further papers or argument as may be presented to the Court prior to or at the
19 hearing on this motion, or subsequent thereto as directed by the Court.
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Pursuant to Fed. R. Civ. P. 11(c)(2), this motion and supporting documents

21 were served on Plaintiff’s counsel and all counsel of record on February 6, 2012,
22 more than 21 days prior to the filing of this motion.
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This motion is made following Defendants’ participation in a conference of

24 counsel pursuant to Local Rule 7-3 held on June 27, 2011, as well as Defendants’
25 invitation to hold an additional conference of counsel following service of this
26 motion, which invitation was declined by Plaintiff’s counsel.
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NY1000367.2
217131-10001

NOTICE OF MOTION FOR SANCTIONS

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1 Dated: March 1, 2012

LOEB & LOEB LLP

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

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Attorneys for Defendants
SHAPIRO, BERNSTEIN & CO., INC.,
FREDERIC RIESTERER and DAVID
GUETTA

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NY1000367.2

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NOTICE OF MOTION FOR SANCTIONS

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