Bryan Pringle v. William Adams Jr et al

Filing 247

APPLICATION to Continue Pretrial Conference Dates and Trial Date filed by Defendants Cherry River Music Co, EMI April Music Inc, Stacy Ferguson(collectively as the music group the Black Eyed Peas), Jaime Gomez(collectively as the music group the Black Eyed Peas), Headphone Junkie Publishing LLC, Jeepney Music Inc, William Adams Jr(individually), Allan Pineda(collectively as the music group the Black Eyed Peas), Tab Magnetic Publishing, Will.I.Am Music LLC. (Attachments: # 1 Proposed Order)(Pink, Jonathan)

1 BRYAN CAVE LLP

Jonathan Pink, California Bar No. 179685

2 [e-mail]

Justin M. Righettini, California Bar No. 245305

3 [e-mail]

3161 Michelson Drive, Suite 1500

4 Irvine, California 92612-4414

Telephone: [phone]
[phone]

5 Facsimile:

6 BRYAN CAVE LLP

Kara Cenar, (Pro Hac Vice)

7 [e-mail]

Mariangela Seale, (Pro Hac Vice)

8 [e-mail]

161 North Clark Street, Suite 4300

9 Chicago, IL 60601-3315
Bryan Cave LLP
3161 Michelson Drive, Suite 1500
Irvine, California 92612-4414

Telephone: [phone]

10 Facsimile: [phone]
11 Attorneys for Defendants

WILLIAM ADAMS; STACY FERGUSON; ALLAN PINEDA; and JAIME

12 GOMEZ, all individually and collectively as the music group THE BLACK EYED

PEAS; will.i.am music, llc; TAB MAGNETIC PUBLISHING; CHERRY RIVER

13 MUSIC CO.; HEADPHONE JUNKIE PUBLISHING, LLC; JEEPNEY MUSIC,

INC.; EMI APRIL MUSIC, INC.
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN DIVISION
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BRYAN PRINGLE, an individual,
Plaintiff,

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v.

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WILLIAM ADAMS, JR.; STACY
FERGUSON; ALLAN PINEDA; and
JAIME GOMEZ, all individually and
collectively as the music group the
Black Eyed Peas; DAVID GUETTA;
FREDERICK RIESTERER; UMG
RECORDINGS, INC.; INTERSCOPE
RECORDS; EMI APRIL MUSIC,
INC.; HEADPHONE JUNKIE
PUBLISHING, LLC; WILL.I.AM.
MUSIC, LLC; JEEPNEY MUSIC,
INC.; TAB MAGNETIC
PUBLISHING; CHERRY RIVER
MUSIC CO.; SQUARE RIVOLI
PUBLISHING; RISTER EDITIONS;
and SHAPIRO, BERNSTEIN & CO.,

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Case No. SACV10-01656 JST (RZx)
Hon. Josephine Staton Tucker
Courtroom 10A
APPLICATION TO CONTINUE
PRETRIAL CONFERENCE DATES
AND TRIAL DATE

Complaint Filed:
Trial Date:

October 28, 2010
May 8, 2012

Defendants.

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IR01DOCS537693.1

APPLICATION TO CONTINUE PRETRIAL CONFERENCE DATES AND TRIAL DATE

Defendants WILLIAM ADAMS; STACY FERGUSON; ALLAN PINEDA;

1

2 and JAIME GOMEZ, all individually and collectively as the music group THE
3 BLACK EYED PEAS; will.i.am music, llc; TAB MAGNETIC PUBLISHING;
4 CHERRY RIVER MUSIC CO.; HEADPHONE JUNKIE PUBLISHING, LLC;
5 JEEPNEY MUSIC, INC.; EMI APRIL MUSIC, INC. (“Adams Defendants”), along
6 with defendants SHAPIRO, BERNSTEIN & CO., INC.; RISTER EDITIONS;
7 DAVID GUETTA; and FREDERIC RIESTERER (“Guetta Defendants”), and UMG
8 RECORDINGS, INC. and INTERSCOPE RECORDS (“UMG Defendants”)
9 respectfully submit this Application to Continue Pretrial Conference Dates and Trial
Bryan Cave LLP
3161 Michelson Drive, Suite 1500
Irvine, California 92612-4414

1

10 Date, based on the following:

1.

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WHEREAS, on March 6, 2012, this Court heard oral argument on the

12 Guetta Defendants’ Motion for Summary Judgment (the “MSJ”);

2.

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WHEREAS, pursuant to this Court’s Order dated January 24, 2012, the

14 Final Pretrial Conference in this case is scheduled for April 23, 2012, and a jury trial
15 is scheduled to commence on May 8, 2012;

3.

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WHEREAS, given the currently scheduled pretrial conference and trial

17 dates in this matter, the parties are obligated to engage in certain pretrial conferences
18 and exchanges of documents (pursuant to Fed.R.Civ. P. Rule 16) beginning on
19 March 16, 2012;

4.

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WHEREAS, at the conclusion of the MSJ hearing, this Court stated

21 that if it did not issue a written ruling within several days of that hearing, it would
22 continue the currently scheduled pretrial conference and trial dates in this matter so
23 that the parties were not required to begin their Fed.R.Civ. P. Rule 16 meeting
24 obligations on March 16, 2012; and

5.

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WHEREAS, as of the date this Application was filed, the Court had yet

26 to issue a written ruling on the aforementioned MSJ;
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1

The Adams Defendants invited plaintiff to join this Application, but Plaintiff did
not did not respond to that invitation by the time this document was filed.
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IR01DOCS537693.1

1
APPLICATION TO CONTINUE PRETRIAL CONFERENCE AND TRIAL DATE

6.

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WHEREAS a ruling on the MSJ may eliminate the need for a trial

2 and/or may materially impact issues required to be addressed in the Rule 16 pre-trial
3 materials and the parties’ respective motions in limine;

7.

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WHEREAS, counsel for parties have an appellate briefs due in Batts, et
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5 al. v. Adams, et al. in April and May, with the Adams Defendants having an
6 answering brief due on May 9, 2012, and (in a related appeal) an opening brief due
7 on June 11, 2012 and a reply due on July 25, 2012;

8.

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WHEREAS, the briefing schedule for these Ninth Circuit appeals

Bryan Cave LLP
3161 Michelson Drive, Suite 1500
Irvine, California 92612-4414

9 creates a substantial hardship on the Adams Defendants’ counsel if the trial date in
10 this case remains as currently scheduled;

9.

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WHEREAS, some of the Adams Defendants will be out of the country

12 for pre-existing business commitments at the time of the currently scheduled trial
13 date, which commitments create a substantial hardship on them if the trial date
14 remains as currently scheduled; and

10.

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WHEREAS, lead counsel for the Adams Defendants has a family
th

16 commitment (her parents’ 75 birthday) shortly before the currently scheduled trial
17 date that creates a substantial hardship on the Adams Defendants if the trial date
18 remains as currently scheduled,

11.

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NOW THEREFORE, AND BASED UPON THE FOREGOING

20 FACTS, the Adams Defendants, the Guetta Defendants, and the UMG Defendants
21 respectfully request that the Court grant a 90-day continuance of the Final Pretrial
22 Conference (from April 23, 2012 to August 23, 2012), the Exhibits Conference
23 (from March 23, 2012 to July 23, 2012) and the commencement of trial (from May
24 8, 2012 to August 30, 2012).
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That case was filed by Plaintiff’s counsel in this case, Mr. Dickie, against the same
Adams Defendants. The Adams Defendants moved for, and were granted, summary
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judgment with a finding that “no reasonable jury could find that [the Adams
27 Defendants’] ‘Boom Boom Pow’ and [plaintiffs’] ‘Boom Dynamite’ are
substantially similar in idea and expression.” Plaintiff appealed that ruling, and
28 Defendants appealed an order relating to their request for attorney fees.
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IR01DOCS537693.1

2
APPLICATION TO CONTINUE PRETRIAL CONFERENCE AND TRIAL DATE

1 Respectfully submitted
2 Dated: March 12, 2012

BRYAN CAVE LLP

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By: /s/ Jonathan Pink
Jonathan Pink
Attorneys for Defendants
WILLIAM ADAMS; STACY
FERGUSON; ALLAN PINEDA; and
JAIME GOMEZ, all individually and
collectively as the music group THE
BLACK EYED PEAS; will.i.am
music, llc; TAB MAGNETIC
PUBLISHING; CHERRY RIVER
MUSIC CO.; HEADPHONE JUNKIE
PUBLISHING, LLC; JEEPNEY
MUSIC, INC.; EMI APRIL MUSIC,
INC.

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Bryan Cave LLP
3161 Michelson Drive, Suite 1500
Irvine, California 92612-4414

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14 Dated: March 12, 2012

LOEB & LOEB LLP

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By: /s/ Barry Slotnick
Barry I. Slotnick
Attorneys for Defendants
Shapiro, Bernstein & Co., Inc.; Rister
Editions; David Guetta; Frederic
Riesterer

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Dated: March 12, 2012

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CALDWELL LESLIE AND PROCTOR
PC
By: /s/ Linda Burrow
Linda M. Burrow Attorneys for
Defendants
UMG RECORDINGS, INC. and
INTERSCOPE RECORDS

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IR01DOCS537693.1

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APPLICATION TO CONTINUE PRETRIAL CONFERENCE AND TRIAL DATE