Brave New Films 501 (C)(4) v. Weiner et al

Filing 70

STIPULATION re 43 MOTION for Summary Judgment, 40 MOTION for Partial Summary Judgment PLAINTIFF BRAVE NEW FILMS' NOTICE OF MOTION AND MOTION FOR PARTIAL SUMMARY JUDGMENT STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING by Michael Weiner, Original Talk Radio Network Inc., Brave New Films 501 (C)(4). (Pierce, Sheila) (Filed on 4/30/2009)

Brave New Films 501 (C)(4) v. Weiner et al

Doc. 70

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Anthony T. Falzone (SBN 190845) Julie A. Ahrens (SBN 230170) Christopher K. Ridder (SBN 218691) STANFORD LAW SCHOOL CENTER FOR INTERNET AND SOCIETY 559 Nathan Abbott Way Stanford, California 94305-8610 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] William F. Abrams (SBN 88805) Sheila M. Pierce (SBN 232610) BINGHAM MCCUTCHEN LLP 1900 University Avenue East Palo Alto, CA 94303-2223 Telephone: [phone] Facsimile: 650.849.4800 E-mail: [e-mail] Attorneys for Plaintiff BRAVE NEW FILMS 501(c)(4) Benjamin Aaron Shapiro (SBN 254456) 12330 Magnolia Boulevard, No. 114 Valley Village, CA 91607 Telephone: [phone] Attorney for Defendants MICHAEL WEINER aka MICHAEL SAVAGE, and ORIGINAL TALK RADIO NETWORK, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

BRAVE NEW FILMS 501(C)(4), v. Plaintiff,

No. CV 08-04703 SI STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING Date: June 12, 2009 Time: 9:00 a.m. Location: Courtroom 10 Honorable Susan Illston

MICHAEL WEINER aka MICHAEL SAVAGE, and ORIGINAL TALK RADIO NETWORK, INC., Defendants.

CV 08-04703 SI

STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING
Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 follows: 12, 2009; following:

Pursuant Civil L.R. 6-1(a) and Civil L.R. 7-7(a), the Parties stipulate to the

WHEREAS, on October 10, 2008, this action for declaratory judgment and damages was commenced in the United States District Court, Northern District of California; WHEREAS, on January 11, 2009, defendant Michael Weiner aka Michael Savage ("Savage") filed a Motion To Dismiss; WHEREAS, on February 27, 2009, defendant Original Talk Radio Network, Inc. filed a Motion For Summary Judgment and plaintiff Brave New Films filed a Motion For Partial Summary Judgment; WHEREAS, on April 15, 2009, this Court denied Savage's Motion To Dismiss without oral argument; WHEREAS, the hearing on the Parties' summary judgment motions is currently set for May 22, 2009; WHEREAS, Savage intends to notice a Motion For Summary Judgment for June

WHEREAS, for efficiency, the Parties have agreed to stipulate to having all motions heard on June 12, 2009, the same day as the currently scheduled Case Management Conference. NOW THEREFORE, it is STIPULATED, AGREED AND ORDERED as

The hearing on defendant Original Talk Radio Network, Inc.'s Motion For Summary Judgment and plaintiff Brave New Films' Motion For Partial Summary Judgment will be continued to June 12, 2009 at 9:00 a.m. Michael Savage's Motion For Summary Judgment will be noticed for June 12, 2009 at 9:00 a.m. The currently scheduled Case Management Conference will remain on calendar for June 12, 2009 at 3:00 p.m. 2
STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING
CV 08-04703 SI

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The currently scheduled hearing on Original Talk Radio Network, Inc.'s Motion For Supplemental Protective Order will remain on calendar for May 22, 2009 at 9:00 a.m..1

DATED: April 30, 2009. Bingham McCutchen LLP

By:

/s/ Sheila M. Pierce William F. Abrams Attorneys for Plaintiff BRAVE NEW FILMS

DATED: April 30, 2009.

By:

/s/ Benjamin Aaron Shapiro Benjamin Aaron Shapiro Attorneys for Defendant Michael Weiner aka Michael Savage and Original Talk Radio Network, Inc.

PURSUANT TO STIPULATION, IT IS SO ORDERED. DATED:_________________ By: _______________________________ THE HONORABLE SUSAN ILLSTON UNITED STATES DISTRICT JUDGE

Savage anticipates joining in OTRN's current Motion For Supplemental Protective Order. 3
STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING
CV 08-04703 SI

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CERTIFICATION BY SHEILA M. PIERCE PURSUANT TO GENERAL ORDER NO. 45, SECTION X. RE E-FILING ON BEHALF OF MULTIPLE SIGNATORIES 1. I am a lawyer licensed to practice law in the State of California, and am an

associate in the law firm of Bingham McCutchen LLP, counsel for Plaintiff Brave New Films 501(c)(4). The statements herein are made on my personal knowledge, and if called as a witness I could and would testify thereto. 2. The above e-filed document contains multiple signatures. I declare that

concurrence has been obtained from each of the other signatories to file this jointly prepared document with the Court. Pursuant to General Rule No. 45, I shall maintain records to support this concurrence for subsequent production for the Court if so ordered, or for inspection upon request by a party until one year after final resolution of the action (including appeal, if any). I declare under penalty of perjury under the laws of the United States of America and the State of California that the foregoing is true and correct on April 30, 2009 in East Palo Alto, California.

/s/ Sheila M. Pierce Sheila M. Pierce

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING

CV 08-04703 SI