Morgan v. Harmonix Music Systems, Inc. et al

Filing 98

STIPULATION AND ORDER. Signed by Magistrate Judge Bernard Zimmerman on 9/8/2009. (bzsec, COURT STAFF) (Filed on 9/8/2009)

1 KENDALL BRILL & KLIEGER LLP Richard B. Kendall (90072) 2 [e-mail] Richard M. Simon (240530) 3 [e-mail] 10100 Santa Monica Boulevard, Suite 1725 4 Los Angeles, California 90067 Telephone: [phone] Facsimile: [phone] 6 Attorneys for Defendants Harmonix Music Systems, Inc., 7 Viacom International Inc., Electronic Arts Inc., and Best Buy Co. Inc. 8 STRANGE & CARPENTER 9 Brian R. Strange (103252) Gretchen A. Carpenter (180525) 10 12100 Wilshire Blvd, Suite 1900 Los Angeles, CA 90025 11 Telephone: [phone] Facsimile: [phone] 12 Attorneys for Plaintiffs 13 Monte Morgan and F. Jason Vasquez 14 15 16 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) ) ) Plaintiffs, ) ) vs. ) ) HARMONIX MUSIC SYSTEMS, INC., a ) corporation; MTV NETWORKS, a division of ) VIACOM INTERNATIONAL, INC., a ) corporation; ELECTRONIC ARTS, Inc., a ) corporation; BEST BUY CO., INC., a ) corporation; and DOES 1 Through 10, ) ) Defendants. ) Case No. CV 08 5211 BZ Case assigned to Hon. Bernard Zimmerman STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME FOR DEFENDANT BEST BUY CO., INC. TO RESPOND TO SECOND AMENDED COMPLAINT Complaint Filed: November 18, 2008 Second Amended Complaint Filed: August 14, 2008

17 MONTE MORGAN and F. JASON VASQUEZ, on behalf of themselves and all 18 others similarly situated, 19 20 21 22 23 24 25 26 27 28

STIPULATION & [PROPOSED] ORDER TO EXTEND TIME FOR BEST BUY TO RESPOND TO COMPLAINT

1

WHEREAS Plaintiffs Monte Morgan and F. Jason Vasquez ("Plaintiffs") filed a Second

2 Amended Complaint ("Complaint") in this action on August 14, 2009. The Complaint names Best 3 Buy Co., Inc. ("Best Buy") as a defendant, in addition to the existing defendants Harmonix Music 4 Systems, Inc., MTV Networks, a division of Viacom International Inc., and Electronic Arts Inc. 5 (collectively, "Defendants"). 6 WHEREAS the Summons and Complaint were served on Best Buy on August 20, 2009.

7 Proof of service was filed with the Court on September 2, 2009. 8 WHEREAS the parties were engaged in a Court-ordered Settlement Conference on August

9 31, 2009. The conference did not succeed in resolving any claims at this time. 10 WHEREAS counsel for parties agree that the time for defendant Best Buy to file a motion,

11 answer, or otherwise respond to the Complaint shall be extended through close of business on 12 September 25, 2009. 13 WHEREAS counsel for the parties intend to execute a stipulation setting the date for the

14 remaining Defendants to respond to the Complaint also on September 25, 2009. 15 WHEREAS the extension will allow for a uniform response date to the Complaint, which

16 the parties believe will serve the interests of judicial efficiency and conservation of resources. 17 IT IS HEREBY STIPULATED between the parties to this action, by and through their

18 undersigned attorney, that: 19 1. The time for Best Buy to file its response to the Complaint is extended through

20 close of business on September 25, 2009. Following execution of this Stipulation, counsel for 21 Defendants shall promptly file it with the Court. 22 2. Nothing herein amounts to or shall be construed as a waiver by any Defendant of

23 any right to move to dismiss the Complaint filed in this action on any applicable grounds, 24 including without limitation, for lack of personal jurisdiction or that it is not a proper party to this 25 action. 26 27 28 -11993263.1 STIPULATION & [PROPOSED] ORDER TO EXTEND TIME FOR BEST BUY TO RESPOND TO COMPLAINT

1 Dated: September 8, 2009 2 3 4 5 6 7 8 9 Dated: September 8, 2009 10 11 12 13 14

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

By:

/s/ Richard M. Simon Richard M. Simon* Attorneys for Defendants Harmonix Music Systems, Inc., Viacom International, Inc., Electronic Arts Inc. & Best Buy Co., Inc.

STRANGE & CARPENTER Brian R. Strange Gretchen A. Carpenter

By:

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

15 * I, Richard M. Simon, am the ECF user whose ID and password are being used to file this 16 Stipulation and [Proposed Order]. In compliance with General Order 45.X.B, I hereby attest that 17 Brian R. Strange has concurred with this filing. 18 19 20 21 [PROPOSED] ORDER Good cause appearing, IT IS HEREBY ORDERED that the time for defendant Best Buy

22 Co., Inc. to move, answer, or otherwise respond to the Second Amended Complaint in this Action, 23 Case No. CV 08-5211 BZ, is extended through September 25, 2009. 24 25 September 8, 2009 26 Dated: ___________________________ 27 28 -21993263.1 STIPULATION & [PROPOSED] ORDER TO EXTEND TIME FOR BEST BUY TO RESPOND TO COMPLAINT

Hon. Bernard Zimmerman Magistrate Judge, United States District Court