Brown v. Stroud et al

Filing 582

ORDER GRANTING PARTIES' STIPULATION TO VACATE 9/25/13 SETTLEMENT CONFERENCE. PARTIES TO MEET AND CONFER AND CONVEY MUTUALLY ACCEPTABLE DATES TO THE COURT'S CLERK. Signed by Judge Maria-Elena James on 9/16/2013. (cdnS, COURT STAFF) (Filed on 9/16/2013)

COBLENTZ, PATCH, DUFFY & BASS LLP

ONE FERRY BUILDING, SUITE 200, SAN FRANCISCO, CALIFORNIA
415.391.4800 • FAX [phone]

94111-4213

JEFFREY G. KNOWLES (State Bar No. 129754)
JULIA D. GREER (State Bar No. 200479)
KATHLEEN F. McCONNELL (State Bar No. 239479)
COBLENTZ PATCH DUFFY & BASS LLP
One Ferry Building, Suite 200
San Francisco, California 94111-4213
Telephone: [phone]
Facsimile: 415.989.1663
Email: [e-mail]
[e-mail]
[e-mail]
Attorneys for Reply Counterdefendant
SONY MUSIC ENTERTAINMENT,
erroneously sued as SONY MUSIC HOLDINGS,
INC.

STEVEN AMES BROWN,

Case Nos. CV 08-02348 JSW

Plaintiff,
v.
ANDREW B. STROUD, an individual,
Date action filed: May 7, 2008
Judge
: Hon. Maria-Elena James
Place
: Courtroom B, 15th Floor

Defendant.
AND DEFENDANT'S RELATED
COUNTERCLAIMS
STEVEN AMES BROWN,
Reply Counterclaimant,
v.
ANDREW B. STROUD, and SONY MUSIC
HOLDINGS, INC.,
Reply Counterdefendants.

11325.003 2542902v1

1

CV 11-5822 JSW

STIPULATION AND [PROPOSED] ORDER RESETTING JOINT MANDATORY SETTLEMENT CONFERENCE

1
LISA SIMONE KELLY, duly appointed
2 administrator of the Estate of Nina Simone,
3

COBLENTZ, PATCH, DUFFY & BASS LLP

ONE FERRY BUILDING, SUITE 200, SAN FRANCISCO, CALIFORNIA
415.391.4800 • FAX [phone]

94111-4213

4

Case No.: CV 11-5822 JSW

Plaintiff,
v.

5 WALLY ROKER, an individual, and d/b/a ICU
ENT. DIST.; d/b/a WALLY ROKER MUSIC;
6 ANDY STROUD, INC.; and ANDREW B.
STROUD.
7
Defendants.
8
9
10

Sony Music Entertainment, the Estate of Nina Simone, and Steven Ames Brown

11 (collectively, "Stipulating Parties"), by and through their respective counsel, submit the following
12 Stipulation and Proposed Order:
13

WHEREAS, Stipulating Parties have sought default judgment in the above-referenced

14 actions against Defendants and Counterclaimants Estate of Andrew B Stroud, Stroud Productions
15 and Enterprises, Inc., and Andy Stroud, Inc. (collectively, "Stroud"), with such motions currently
16 pending before the Hon. Jeffrey S. White;
17

WHEREAS, on or about June 4, 2013, the Court referred the motions seeking default

18 judgment to a randomly assigned Magistrate Judge to prepare a report and recommendation
19 (Docket No. 566 in Case No. 08:2348);
20

WHEREAS, on or about September 4, 2013, the motions were heard by U.S. Magistrate

21 Judge Nathanael Cousins, but no Report and Recommendation has yet been issued;
22

WHEREAS, disposition of those motions will affect the manner in which the various

23 parties approach and effectuate settlement;
24

WHEREAS, on or about June 5, 2013, Stroud filed Notices of Appeal to the Ninth Circuit

25 in the above-captioned actions;
26

WHEREAS, while the Stipulating Parties believe Stroud's appeals are frivolous and

27 improper, and have briefed that issue to the Ninth Circuit, the Ninth Circuit has not yet addressed
28 whether it will maintain jurisdiction over the appeals;
11325.003 2542902v1

2

CV 11-5822 JSW

STIPULATION AND [PROPOSED] ORDER RESETTING JOINT MANDATORY SETTLEMENT CONFERENCE

1

WHEREAS, counsel for the Estate of Nina Simone and representatives for Sony Music

2 Entertainment must travel from New York for the settlement conference, and the uncertainty of
3 whether the settlement conference will go forward given the appeals makes scheduling and travel
4 plans burdensome and difficult;
5

WHEREAS, Stipulating Parties believe that allowing time for resolution of the propriety of

COBLENTZ, PATCH, DUFFY & BASS LLP

ONE FERRY BUILDING, SUITE 200, SAN FRANCISCO, CALIFORNIA
415.391.4800 • FAX [phone]

94111-4213

6 the Ninth Circuit Appeals, and of the pending motions seeking default judgment, will facilitate
7 settlement, improve efficiency, and lessen the burden on the Court and the parties;
8

THEREFORE, the Stipulating Parties respectfully request that the Mandatory Settlement

9 Conference currently set for September 25, 2013 be put over for approximately 60 days to a date
10 acceptable to the Court and the parties. The parties will timely meet and confer and convey
11 mutually acceptable date(s) to the Court’s clerk.
12 IT IS SO STIPULATED.
13 Dated: September 13, 2013
14

Respectfully submitted,

15

/s/ Steven Ames Brown
STEVEN AMES BROWN,
Plaintiff in Pro Se

16
17

/s/ Dorothy M. Weber
DOROTHY M. WEBER, pro hac vice
Shukat, Arrow, Hafer, Weber &
Herbsman, LLP
Attorney for Estate of Nina Simone

18
19
20
21
22
23
24
25

The 9/25/13 conference is
VACATED. Parties to notify Court
of available dates.

/s/ Julia D. Greer
JULIA D. GREER
Coblentz, Patch, Duffy & Bass, LLP,
Attorney for Sony Music Entertainment,
erroneously sued as Sony Music
Holdings, Inc.

IT IS SO ORDERED.
16
DATED: September ___, 2013

26
27
Hon. Maria-Elena James

28
11325.003 2542902v1

3

CV 11-5822 JSW

STIPULATION AND [PROPOSED] ORDER RESETTING JOINT MANDATORY SETTLEMENT CONFERENCE

1
2 Listing of counsel filing this paper:

COBLENTZ, PATCH, DUFFY & BASS LLP

ONE FERRY BUILDING, SUITE 200, SAN FRANCISCO, CALIFORNIA
415.391.4800 • FAX [phone]

94111-4213

3 STEVEN AMES BROWN
Entertainment Law 83363
4 69 Grand View Avenue
San Francisco, California 94114-2741
5 415/647-7700 Tele
415/285-3048 Fax
6 [e-mail]
7 THERESE Y. CANNATA SBN 88032
Cannata, Ching & O’Toole, LLP
8 100 Pine Street, Suite 1775
9 San Francisco, California 94111-5127
415/409-8900 Tele
10 415/409-8904 Fax
[e-mail]
11
Attorneys for Plaintiff
12
DOROTHY M. WEBER, pro hac vice
13 Shukat, Arrow, Hafer, Weber &
Herbsman, LLP
th
14 111 West 57 Street, Suite 1120
New York, New York 10019
15 212/245-4580 Tele
212/956-6471 Fax
16 [e-mail]
17 Attorneys for Estate of Nina Simone
18 JULIA D. GREER SBN 200479
Coblentz, Patch, Duffy & Bass, LLP
19 One Ferry Building, Suite 200
San Francisco, California 94111-4213
20 [e-mail]
21 Attorneys for Reply Counter-Defendant Sony Music Entertainment,
erroneously sued as Sony Music Holdings, Inc.
22
23
24
25
26
27
28
11325.003 2542902v1

4

CV 11-5822 JSW

STIPULATION AND [PROPOSED] ORDER RESETTING JOINT MANDATORY SETTLEMENT CONFERENCE