Morgan v. Harmonix Music Systems, Inc. et al

Filing 22

STIPULATION AND ORDER. Signed by Magistrate Judge Bernard Zimmerman on 12/10/2008. (bzsec, COURT STAFF) (Filed on 12/10/2008)

1 IRELL & MANELLA LLP Richard B. Kendall (90072) 2 Richard M. Simon (240530) 1800 Avenue of the Stars, Suite 900 3 Los Angeles, California 90067-4276 Telephone: [phone] Facsimile: [phone] 5 Attorneys for Defendants Harmonix Music Systems, Inc., 6 Viacom International Inc. and Electronic Arts Inc. 7 STRANGE & CARPENTER Brian R. Strange (103252) 8 Gretchen Carpenter (180525) 12100 Wilshire Blvd, Suite 1900 9 Los Angeles, CA 90025 Telephone: [phone] Facsimile: [phone] 11 Attorneys for Plaintiff Monte Morgan 12 13 14 15 MONTE MORGAN, on behalf of himself and ) ) 16 all others similarly situated, ) Plaintiffs, ) 17 ) ) vs. 18 ) ) 19 HARMONIX MUSIC SYSTEMS, INC., a corporation; MTV NETWORKS, a division of ) ) 20 VIACOM INTERNATIONAL, INC., a ) corporation; ELECTRONIC ARTS INC., a ) 21 corporation; and DOES Through 10, ) ) Defendants. 22 ) ) 23 ) 24 25 26 27 28
IRELL & MANELLA LLP
A Registered Limited Liability Law Partnership Including Professional Corporations

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Case No. CV 08 5211 BZ [Case assigned to Hon. Bernard Zimmerman] STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO COMPLAINT Complaint Filed: November 18, 2008

1982734.1

STIPULATION & [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO COMPLAINT

1

WHEREAS Plaintiff Monte Morgan ("Plaintiff") filed a Complaint against Harmonix

2 Music Systems, Inc., MTV Networks, a division of Viacom International Inc., and Electronic Arts 3 Inc. (collectively, "Defendants") on November 18, 2008. 4 WHEREAS defendant Viacom International Inc. ("Viacom"), the first of the Defendants to

5 be served, was served with the Complaint on November 25, 2008. Pursuant to Rule 12(a)(1) of 6 the Federal Rules of Civil Procedure, Viacom's response is due on December 15, 2008. 7 Electronics Arts Inc. was served with the Complaint on November 25, 2008 and its response is 8 due on December 15, 2008. Harmonix Music Systems, Inc. was served on November 26, 2008, 9 and its response is due on December 16, 2008. 10 WHEREAS counsel for the above-referenced parties agree that the time for Defendants to

11 file a motion, answer, or otherwise respond to the Complaint shall be extended through close of 12 business on January 15, 2009. 13 WHEREAS the extension will allow for a uniform response date to the Complaint, which

14 the parties believe will serve the interests of judicial efficiency and conservation of resources. 15 IT IS HEREBY STIPULATED between the parties to this action, by and through their

16 undersigned attorney, that: 17 1. The time for Defendants to file their response to the Complaint is extended through

18 close of business on January 15, 2009. Following execution of this Stipulation, counsel for 19 Defendants shall promptly file it with the Court. 20 2. Nothing herein amounts to or shall be construed as a waiver by any Defendant of

21 any right to move to dismiss the Complaint filed in this action on any applicable grounds, 22 including without limitation, for lack of personal jurisdiction. 23 24 25 26 27 28
IRELL & MANELLA LLP
A Registered Limited Liability Law Partnership Including Professional Corporations

-21982734.1 STIPULATION & [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO COMPLAINT

1 Dated: December 9, 2008 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
IRELL & MANELLA LLP
A Registered Limited Liability Law Partnership Including Professional Corporations

IRELL & MANELLA LLP Richard B. Kendall Richard M. Simon

By:

/s/ Richard B. Kendall Richard B. Kendall* Attorneys for Defendants Harmonix Music Systems, Inc., Viacom International, Inc. & Electronic Arts Inc.

Dated: December 9, 2008

STRANGE & CARPENTER Brian R. Strange Gretchen Carpenter

By:

/s/ Brian R. Strange Brian R. Strange Attorneys for Plaintiff Monte Morgan

* I, Richard B. Kendall, am the ECF user whose ID and password are being used to file this Stipulation and [Proposed Order]. In compliance with General Order 45.X.B, I hereby attest that Brian R. Strange has concurred with this filing.

[PROPOSED] ORDER Good cause appearing, IT IS HEREBY ORDERED that the time for each defendant to move, answer, or otherwise respond to the Complaint in this Action, Case No. CV 08-5211 BZ, is extended through January 15, 2009.

December 10, 2008 Dated: ___________________________ Hon. Bernard Zimmerman Magistrate Judge, United States District Court

-31982734.1 STIPULATION & [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO COMPLAINT