Broadcast Music et al v. On the Rocks Bar & Grill, LLC, et al

Filing 27

STIPULATION and ORDER to Extend Deadline to File Request For Dismissal, signed by District Judge Anthony W. Ishii on 11/18/2014. (Deadline to file stipulation re dismissal extended to December 12, 2014.)(Gaumnitz, R)

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Jeffrey W. Kramer, State Bar No. 71547
[e-mail]
Ann Marie Mori, State Bar No. 217835
[e-mail]
TROYGOULD PC
1801 Century Park East, 16th Floor
Los Angeles, California 90067-2367
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Plaintiffs

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T. Todd Egland, SBN 240911
[e-mail]
R. Jeffrey Warren, SBN 266454
[e-mail]
KLEIN, DENATALE, GOLDNER,
COOPER, ROSENLIEB & KIMBALL, LLP
4550 California Ave., Second Floor
Bakersfield, CA 93309
Telephone: [phone]
Facsimile: 661-326-0418

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Attorneys for Defendants

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BROADCAST MUSIC, INC.; EMI VIRGIN
SONGS INC.; LANEY JANE MUSIC;
DIXONYOU MUSIC; ERIK TURNER MUSIC;
GREAT LIPS MUSIC; UNIVERSAL – SONGS
OF POLYGRAM INTERNATIONAL, INC.;
PWMP ACQUISITION I LLC d/b/a PRIMARY
WAVE BRIAN; HOT-CHA MUSIC CO.;
CYANIDE PUBLISHING; DEVO, INC. d/b/a
DEVO MUSIC; EMI VIRGIN SONGS, INC.;
PAUL SIMON MUSIC,
Plaintiffs,
v.
ON THE ROCKS BAR & GRILL, LLC d/b/a ON
THE ROCKS BAR & GRILL, JAMES C.
WHITENER, MARIA D. GONZALEZHERNANDEZ, RIVERWALK MANAGEMENT
GROUP, LLC, AND THE WHITENER FAMILY
TRUST, each individually,
Defendants.

Case No. 1:14-cv-00359-AWI-JLT
STIPULATION AND ORDER TO
EXTEND DEADLINE TO FILE
REQUEST FOR DISMISSAL
Complaint Filed:

3/13/14

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TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD:

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Plaintiffs, BROADCAST MUSIC, INC.; EMI VIRGIN SONGS INC.; LANEY JANE

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MUSIC; DIXONYOU MUSIC; ERIK TURNER MUSIC; GREAT LIPS MUSIC; UNIVERSAL

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– SONGS OF POLYGRAM INTERNATIONAL, INC.; PWMP ACQUISITION I LLC d/b/a

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PRIMARY WAVE BRIAN; HOT-CHA MUSIC CO.; CYANIDE PUBLISHING; DEVO, INC.

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d/b/a DEVO MUSIC; EMI VIRGIN SONGS, INC.; PAUL SIMON MUSIC (collectively,

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“Plaintiffs”), and Defendants ON THE ROCKS BAR & GRILL, LLC d/b/a ON THE ROCKS

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BAR & GRILL, JAMES C. WHITENER, MARIA D. GONZALEZ-HERNANDEZ,

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RIVERWALK MANAGEMENT GROUP, LLC, AND THE WHITENER FAMILY TRUST,

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(collectively, “Defendants”), by and through their respective counsel of record, submit this joint

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stipulation.

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RECITALS
WHEREAS, on or about March 13, 2014, Plaintiffs filed their Complaint in the Eastern

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District of California, entitled Broadcast Music, Inc., et al. v. On the Rocks Bar & Grill, LLC, et

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al., as United States District Court Eastern District of California Case No. 1:14-cv-00359 (the

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“BMI Action”);

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WHEREAS, on or about October 6, 2014, the parties filed a Notice of Settlement.

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WHEREAS, on or about October 7, 2014, the Court issued an order that a stipulation re

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dismissal shall be filed no later than November 21, 2014. If not received, the Court may dismiss

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the matter on its own authority.

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WHEREAS, Plaintiffs and Defendants have exchanged written settlement documents and

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are in the process of revising the documents and obtaining client signatures. However, due to the

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number of parties involved, counsel is requesting additional time to finalize the settlement

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agreement and file the stipulation re dismissal with the Court.

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STIPULATION

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NOW, THEREFORE, Plaintiffs and Defendants, by and through their respective counsel

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of record, hereby stipulate as follows: The parties hereby stipulate and agree to file a stipulation

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re dismissal on or before December 12, 2014.
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Dated: November 14, 2014

TROYGOULD PC

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By:

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____________/S/ ANNMARIE MORI______
ANN MARIE MORI
Attorneys for Plaintiffs

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Dated: November 14, 2014

KLEIN, DENATALE, GOLDNER
COOPER, ROSENLIEB & KIMBALL, LLP

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By:

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ORDER

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______/S/ R. JEFFREY WARREN_________
R. JEFFREY WARREN
Attorneys for Defendants

IT IS SO ORDERED.
Dated:

November 18, 2014
SENIOR DISTRICT JUDGE

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