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

Filing 422

STIPULATION AND ORDER extending time to 6/15/09 for defendants to make application for a monetary sanction; response to be filed by 7/15/09; Signed by Judge Marilyn Hall Patel on 6/12/2009. (awb, COURT STAFF) (Filed on 6/15/2009)

Case3:08-cv-04548-MHP Document420

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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 Motion Picture Studio Plaintiffs/Declaratory Relief Claim Defendants

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA REALNETWORKS, INC., et al., Plaintiffs, vs. DVD COPY CONTROL ASSOCIATION, INC., et al. Defendants. CASE NO. C 08-4548-MHP SECOND STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR DEFENDANTS TO FILE AN APPLICATION FOR MONETARY SANCTIONS FOR SPOLIATION OF EVIDENCE

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UNIVERSAL CITY STUDIOS PRODUCTIONS LLLP, et al., Plaintiffs, vs. REALNETWORKS, INC., et al. Defendants.

CASE NO. C 08-4719-MHP

[PROPOSED] ORDER EXTENDING TIME CASE NO. C 08-4548-MHP

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WHEREAS, Defendants/Counterclaim Plaintiffs/Plaintiffs Paramount Pictures Corporation, Twentieth Century Fox Film Corporation, Universal City Studios Productions LLLP, Universal City Studios LLLP, Warner Bros. Entertainment Inc., Disney Enterprises, Inc., Walt Disney Pictures, Sony Pictures Television Inc., Sony Pictures Entertainment Inc. and Columbia Pictures Industries, Inc. (collectively, "Studios") filed a Motion for Sanctions for Spoliation of Evidence against RealNetworks, Inc. and RealNetworks Home Entertainment, Inc. (collectively "Real") on February 25, 2009, and Defendants/Counter-Complainants DVD Copy Control Association, Inc. ("DVD CCA") joined in that motion on March 2, 2009. WHEREAS, the Court entered an order on May 5, 2009, granting in part those Motions and granting the Defendants leave to file an application and declaration(s) for monetary sanctions, attorneys' fees and costs (the "Application for Monetary Sanctions") for Real's failure to preserve the notebooks of Ms. Nicole Hamilton; WHEREAS, the Defendants' Application for Monetary Sanctions was initially due on June 4, 2009; WHERAS, the Court entered an order pursuant to stipulation on June 4, 2009, extending the due-date of Defendants' Application for Monetary Sanctions to June 11, 2009; WHERAS, Real by this stipulation is agreeing to move the date of the Application for Monetary Sanctions from June 11, 2009 to June 15, 2009, with a corresponding extension of the date for Real's response (if any) to that request, in order for the Parties to attempt to negotiate a stipulation regarding monetary sanctions, attorneys' fees and costs; WHEREAS, pursuant to Civil Local Rule 6-2(a)(3), the parties state that the only effect the requested time modifications herein would have on the schedule for the case would be to move the respective response dates as set forth herein; NOW THEREFORE, the parties, by and through their counsel or record, hereby agree and stipulate to extend the period of time in which the Defendants may file an Application for Monetary Sanctions to and including June 15, 2009 and to extend the period of time in which Real may respond to the Defendants' Application to and including July 15, 2009.

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[PROPOSED] ORDER EXTENDING TIME CASE NO. C 08-4548-MHP

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Dated: June 10, 2009

AKIN GUMP STRAUSS HAUER & FELD LLP WHITE & CASE LLP

/s/ Reginald Steer Attorneys for DVD CCA Dated: June 10, 2009 MUNGER TOLLES & OLSON, LLP

By

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/s/ L. Ashley Aull Attorneys for Studios Dated: June 10, 2009 WILSON SONSINI GOODRICH & ROSATI Professional Corporation By Attorneys for Real /s/ Tracy Tosh Lane

By

PURSUANT TO STIPULATION, IT IS SO ORDERED: 1. The Defendants' Application and Declaration(s) for a Monetary Sanctions shall be due on

or before June 15, 2009; 2. Real's Response to the Defendants' Application and Declaration(s) for a Monetary Award

shall be due on or before July 15, 2009.

UNIT ED

S DISTRICT TE C TA UNITED STATES DISTRICT COURT JUDGE

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By

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[PROPOSED] ORDER EXTENDING TIME CASE NO. C 08-4548-MHP

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D RDERE S SO O IT I Marilyn Hall Patel Hon.

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I, L. Ashley Aull, am the ECF user whose identification and password are being used to file the STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR DEFENDANTS TO FILE AN APPLICATION FOR MONETARY SANCTIONS FOR SPOLIATION OF EVIDENCE. In compliance with General Order 45.X.B., I hereby attest that Reginald Steer and Tracy Tosh Lane have concurred in this filing. Dated: June 10, 2009 MUNGER TOLLES & OLSON, LLP

/s/ L. Ashley Aull Attorneys for Studios

By

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[PROPOSED] ORDER EXTENDING TIME CASE NO. C 08-4548-MHP