Bryan Pringle v. William Adams Jr et al

Filing 82

Joint EX PARTE APPLICATION to Continue The Hearing Date on Defendants' Rule 12 Motions from January 24, 2011 to January 31, 2011 IN ORDER TO CONSOLIDATE WITH HEARING ON PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION filed by Defendants Rister Editions, Shapiro Bernstein and Co. (Attachments: # 1 Proposed Order)(Miller, Donald)

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1 DONALD A. MILLER (SBN 228753) dmiller@loeb.com 2 BARRY I. SLOTNICK (Pro Hac Vice) bslotnick@loeb.com 3 TAL DICKSTEIN (Pro Hac Vice) tdickstein@loeb.com 4 LOEB & LOEB LLP 10100 Santa Monica Boulevard, Suite 2200 5 Los Angeles, California 90067-4120 Telephone: 310-282-2000 6 Facsimile: 310-282-2200 7 Attorneys for Defendants SHAPIRO, BERNSTEIN & CO., INC. (incorrectly 8 sued as Shapiro, Bernstein & Co.); RISTER EDITIONS and DAVID GUETTA 9 10 11 UNITED STATES DISTRICT COURT 12 CENTRAL DISTRICT OF CALIFORNIA 13 SOUTHERN DIVISION 14 15 BRYAN PRINGLE, an individual, Plaintiff, 16 17 v. 18 WILLIAM ADAMS, JR.; STACY FERGUSON; ALLAN PINEDA; and 19 JAIME GOMEZ, all individually and collectively as the music group The 20 Black Eyed Peas, et al., Defendants. 21 22 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. SACV 10-1656 JST (RZx) Hon. Josephine Staton Tucker Courtroom 10A DEFENDANTS’ JOINT EX PARTE APPLICATION TO CONTINUE THE HEARING DATE ON DEFENDANTS’ RULE 12 MOTIONS (FROM JANUARY 24 TO JANUARY 31) IN ORDER TO CONSOLIDATE WITH HEARING ON PLAINTIFF' MOTION FOR S PRELIMINARY INJUNCTION (SCHEDULED FOR JANUARY 31) 23 24 25 26 27 28 LA2100122.2 213532-10005 DEFENDANTS’ JOINT EX PARTE APPLICATION 1 TO PLAINTIFF BRYAN PRINGLE AND HIS ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that pursuant to Local Rule 7-19, Defendants 2 3 Adams, Ferguson, Gomez, and Pineda (individually and collectively as the music 4 group The Black Eyed Peas), Tab Magnetic Publishing, Headphone Junkie 5 Publishing LLC, Will.I.Am Music LLC, Jeepney Music Inc., Cherry River Music 6 Co., and EMI April Music Inc (the “Black Eyed Peas Defendants”); Defendants 7 Guetta, Rister Editions, Shapiro Bernstein & Co., Inc. (incorrectly sued as “Shapiro 8 Bernstein Co.”) (the “Shapiro Bernstein Defendants”); and Defendants UMG 9 Recordings Inc. and Interscope Records (the “UMG Defendants”) (collectively 10 “Defendants”) hereby apply to the Court ex parte for an Order continuing the 11 hearing date on Defendants’ previously filed and completely briefed Rule 12 12 motions (Document Nos. 52, 53, 55, 56) (collectively, the “Rule 12 Motions”) in 13 order to consolidate the hearing date for the Rule 12 Motions with the hearing date 14 for Plaintiff’s previously filed motion for preliminary injunction (Document No. 73) 15 (the “P.I. Motion”) (collectively, the Rule 12 Motions and the P.I. Motion are 16 referred to as the “Motions”). The Rule 12 Motions are currently set for hearing on 17 January 24. The P.I. Motion is currently set for hearing on January 31. Thus, by 18 this ex parte application, Defendants request that the hearing on the Rule 12 19 Motions be continued to January 31 so that all of the Motions are heard on the same 20 date. 21 Defendants make this request in the interests of efficiency for all parties and 22 for the convenience of the Court. The Black Eyed Peas Defendants and the Sharpiro 23 Bernstein Defendants are the moving parties for the Rule 12 Motions, and counsel 24 for the Black Eyed Peas Defendants will be traveling from Chicago and counsel for 25 the Sharpiro Bernstein Defendants will be traveling from New York in order to 26 attend the hearings and argue the Rule 12 Motions and the P.I. Motion. In addition, 27 counsel for Plaintiff Pringle (represented by two firms located in Chicago) 28 presumably will be traveling from Chicago. Thus, consolidating the hearings for the LA2100122.2 213532-10005 1 DEFENDANTS’ JOINT EX PARTE APPLICATION 1 Rule 12 Motions to the same date as the P.I. Motion will obviate the need for 2 counsel for Defendants and Plaintiff to travel to Los Angeles for the hearings on the 3 Motions twice within seven days. 4 The name, address and telephone number of Plaintiff’s counsel is as follows: Dean A Dickie Kathleen E Koppenhoefer Robert C Levels Ryan Christopher Williams Miller Canfield Paddock & Stone PLC 225 West Washington Street Suite 2600 Chicago, IL 60606-3439 312-460-4217 5 6 7 8 9 Ira P Gould Ryan L Greely Gould Law Group 120 North LaSalle Street Suite 2750 Chicago, IL 60602 312-781-0680 10 11 12 13 George L. Hampton IV Colin C. Holley HamptonHolley LLP 2101 East Coast Highway, Suite 260 Corona del Mar, CA 92625 949.718.4551 14 15 16 17 Defendants previously sought Plaintiff’s counsel’s consent to continue the 18 hearing on the Rule 12 Motions to January 31, but counsel refused. Because 19 Plaintiff was not willing to stipulate to continue the hearing on the Rule 12 Motions, 20 it is Defendants’ understanding that Plaintiffs will oppose this application. 21 22 Dated: January 10, 2011 LOEB & LOEB LLP 23 24 By: /s/ Donald A. Miller Donald A. Miller Barry I. Slotnick Tal E. Dickstein Attorneys for Defendants SHAPIRO, BERNSTEIN & CO., INC. (incorrectly sued as Shapiro, Bernstein & Co.); RISTER EDITIONS and DAVID GUETTA 25 26 27 28 LA2100122.2 213532-10005 2 DEFENDANTS’ JOINT EX PARTE APPLICATION MEMORANDUM OF POINTS AND AUTHORITIES 1 2 On December 13, 2010, the Black Eyed Peas Defendants filed a motion to 3 dismiss the first amended complaint, a motion to strike, and a motion for more 4 definite statement (Document No. 52) (the “Black Eyed Peas motions”), in which 5 the UMG Defendants joined. Also on December 13, 2010, the Shapiro Bernstein 6 Defendants filed a motion to dismiss the first amended complaint (Document No. 7 53) (the “Shapiro Bernstein motion”), in which the Black Eyed Peas Defendants 8 joined in part (Document No. 55) and the UMG Defendants joined in part 9 (Document No. 56). The Black Eyed Peas motions and the Shapiro Bernstein 10 motion are set for hearing on January 24, 2011. (The Black Eyed Peas motions and 11 the Shapiro Bernstein motion are referred to collectively as the “Rule 12 Motions.”) 12 The Rule 12 Motions have been fully briefed. Plaintiff filed his opposition papers in 13 connection with the Rule 12 Motions on January 3, 2011 (Document Nos. 72, 74), 14 and the Black Eyed Peas Defendants and the Shapiro Bernstein Defendants have 15 filed their reply papers on January 10. 16 Three weeks after Defendants filed the Rule 12 Motions, on January 3, 2011, 17 Plaintiff filed a motion for preliminary injunction (the “P.I. Motion”), which is set 18 for hearing on January 31. 19 Counsel for the Black Eyed Peas Defendants and counsel for the Shapiro 20 Bernstein Defendants will be traveling across the country in order to attend the 21 hearings and argue the Rule 12 Motions and the P.I. Motion. Specifically, counsel 22 for Black Eyed Peas Defendants will be traveling from Chicago, and counsel for the 23 Shapiro Bernstein Defendants will be traveling from New York. In addition, 24 because the Plaintiff is represented by two firms located in Chicago, his counsel 25 presumably will also be traveling from Chicago in order to argue the Rule 12 26 Motions and the P.I. Motion. Thus, in the interest of efficiency, obviating the need 27 for counsel for all parties to travel to Los Angeles twice within the span of seven 28 LA2100122.2 213532-10005 1 DEFENDANTS’ JOINT EX PARTE APPLICATION 1 days for the hearings on the Rule 12 Motions and the P.I. Motion, the Court should 2 continue the hearing on Defendant’ Rule 12 Motions. 3 For the foregoing reasons, Defendants request that the Court grant 4 Defendants’ application and continue the hearing on Defendants’ Rule 12 Motions 5 (currently set for January 24, 2011) to January 31, 2011, so that they may be heard 6 at the same time as Plaintiff’s P.I. Motion. 7 8 Dated: January 10, 2011 LOEB & LOEB LLP 9 10 By: /s/ Donald A. Miller Donald A. Miller Barry I. Slotnick Tal E. Dickstein Attorneys for Defendants SHAPIRO, BERNSTEIN & CO., INC. (incorrectly sued as Shapiro, Bernstein & Co.); RISTER EDITIONS and DAVID GUETTA 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LA2100122.2 213532-10005 2 DEFENDANTS’ JOINT EX PARTE APPLICATION

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