Realnetworks, Inc. et al v. DVD Copy Control Association, Inc. et al

Filing 135

MOTION to Shorten Time for Hearing of Studios' Motion for Sanctions for Spoliation of Evidence filed by Disney Enterprises, Inc., Paramount Pictures Corp., Sony Pictures Entertainment Inc., Twentieth Century Fox Film Corporation, NBC Universal, Inc., Warner Bros. Entertainment, Inc., Viacom, Inc.. (Lynch, Rebecca) (Filed on 2/25/2009)

Realnetworks, Inc. et al v. DVD Copy Control Association, Inc. et al

Doc. 135

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GLENN D. POMERANTZ (SBN 112503) [e-mail] BART H. WILLIAMS (SBN 134009) [e-mail] KELLY M. KLAUS (SBN 161091) [e-mail] MUNGER, TOLLES & OLSON LLP 355 South Grand Avenue, 35th Floor Los Angeles, CA 90071-1560 Tel: [phone]; Fax: [phone] GREGORY P. GOECKNER (SBN 103693) [e-mail] DANIEL E. ROBBINS (SBN 156934) [e-mail] 15301 Ventura Boulevard, Building E Sherman Oaks, California 91403-3102 Tel: [phone]; Fax: [phone]

ROBERT H. ROTSTEIN (SBN 72452) [e-mail] ERIC J. GERMAN (SBN 224557) [e-mail] MITCHELL SILBERBERG & KNUPP LLP 11377 West Olympic Boulevard Los Angeles, California 90064-1683 Tel: [phone]; Fax: [phone]

Attorneys for Defendants/Counterclaim-Plaintiffs/Plaintiffs COLUMBIA PICTURES INDUSTRIES, INC., DISNEY ENTERPRISES, INC., PARAMOUNT PICTURES CORP., SONY PICTURES ENTERTAINMENT, INC., SONY PICTURES TELEVISION INC., TWENTIETH CENTURY FOX FILM CORP., NBC UNIVERSAL, INC., WALT DISNEY PICTURES, WARNER BROS. ENTERTAINMENT, INC., UNIVERSAL CITY STUDIOS PRODUCTIONS LLLP, UNIVERSAL CITY STUDIOS LLLP, AND VIACOM, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA REALNETWORKS, INC., et al., Plaintiffs, vs. DVD COPY CONTROL ASSOCIATION, INC., et al. Defendants. AND CONSOLIDATED ACTIONS. CASE NO. C 08-4548-MHP Consolidated with Case No. C 08-04719-MHP ADMINISTRATIVE MOTION FOR ORDER SHORTENING TIME FOR HEARING OF STUDIOS' MOTION FOR SANCTIONS FOR SPOLIATION OF EVIDENCE

7199031.2

ADMINISTRATIVE MOTION FOR ORDER SHORTENING TIME

Dockets.Justia.com

Case3:08-cv-04548-MHP Document135

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TO THE COURT AND TO ALL INTERESTED PARTIES AND THEIR COUNSEL OF RECORD: The Studio defendants hereby apply pursuant to Local Rule 6-3 for an order shortening time for hearing of their Motion For Sanctions For Spoliation Of Evidence, filed herewith on February 25, 2009. The Studios request the following schedule: (1) (2) (3) Real file and serve its opposition by Friday, March 6; Defendants file and serve their reply papers by Wednesday, March 11; and The Court hear the Motion on Monday, March 16.

Good cause exists for this request because it is impossible to hear the Motion on a full 35-day notice period in time for adequate preparation for the April 1, 2009 preliminary injunction hearing in this matter. The Studios were unable to file this motion earlier because the evidence relating to spoliation has only recently come to light and the Studios have been attempting to meet and confer with RealNetworks over the past couple of weeks on these issues. Moreover, the Motion seeks evidentiary and other sanctions to remedy Real's spoliation, which will bear on the briefing and both sides' preparation for the preliminary injunction hearing. On February 23, 2009, Studio counsel asked with counsel for Real to stipulate to the proposed briefing and hearing schedule. Declaration of Rebecca Gose Lynch In Support Of Application for Order Shortening Time On Motion For Sanctions For Spoliation Of Evidence ("Lynch Decl."), ¶ 4. On February 24, Real's counsel declined to so stipulate, on the ground that Real did not have time to prepare a response to the spoliation motion prior to the preliminary injunction hearing. Id. Real's counsel did not propose any schedule other than the full 35-day briefing schedule. But even under that default schedule, Real would have only 14 days to prepare its opposition papers. The schedule the Studios are proposing would give Real 9 days, which should be more than adequate given that Real has had notice of these issues for weeks pursuant to the Studios' extensive meet and confer efforts. For the foregoing reasons, the Studios respectfully request that the Court grant their Ex Parte Application To Shorten Time For Hearing Of Motion For Sanctions For Spoliation Of Evidence.
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DATED: February 25, 2009

MUNGER, TOLLES & OLSON LLP

By:

/s/ REBECCA GOSE LYNCH

Attorneys for Defendants/CounterclaimPlaintiffs/Plaintiffs COLUMBIA PICTURES INDUSTRIES, INC., DISNEY ENTERPRISES, INC., PARAMOUNT PICTURES CORP., SONY PICTURES ENTERTAINMENT, INC., SONY PICTURES TELEVISION INC., TWENTIETH CENTURY FOX FILM CORP., NBC UNIVERSAL, INC., WALT DISNEY PICTURES, WARNER BROS. ENTERTAINMENT, INC., UNIVERSAL CITY STUDIOS PRODUCTIONS LLLP, UNIVERSAL CITY STUDIOS LLLP, AND VIACOM, INC.

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