Marshall et al v. John Huffman IV, Real Content Media Group et al

Filing 74

ORDER granting continuance (tf, COURT STAFF) (Filed on 12/6/2011)

1
2
3
4
5
6

DAVID R. OWENS, State Bar No. 180829
[e-mail]
BRUNO W. TARABICHI, State Bar No. 215129
[e-mail]
OWENS TARABICHI LLP
111 N. Market St., Suite 730
San Jose, California 95113
Telephone: [phone]
Facsimile: 408.521.2203
Attorneys for Plaintiff
Preston D. Marshall

7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

SAN FRANCISCO DIVISION

11
12

PRESTON D. MARSHALL, an individual,
Case No. 3:10-cv- 01665-SI

13
14
15
16
17
18
19

Plaintiff,
vs.
JOHN HUFFMAN IV, an individual;
REAL CONTENT GROUP, LLC, a
California limited liability company;
CARLOS MCKINNEY, an individual aka
Los DaMystro; TERIUS YOUNGDELL
NASH, an individual aka THE-DREAM;
UMG RECORDINGS, INC., a Delaware
corporation dba Island Def Jam Music
Group; MARIAH CAREY, an individual;
and DOES 1 – 50, inclusive,

STIPULATION TO CONTINUE HEARING
ON PLAINTIFF’S MOTION FOR LEAVE
TO FILE FOURTH AMENDED
COMPLAINT AND CASE MANAGEMENT
CONFERENCE FROM DECEMBER 16,
2011 TO JANUARY 13, 2012
Date:
Friday, December 16, 2011
Time:
9:00 a.m.
Courtroom: 10, 19th Floor
Judge:
Hon. Susan Illston

20
Defendants.
21
22
23
24
25
26
27
28
owens tarabichi llp
Co u ns el or s A t La w

STIPULATION
(CASE NO. 3:10-CV-01665-SI)

1

Pursuant to Local Rule 6-2(a), Plaintiff Preston D. Marshall and Defendant UMG

2

Recordings, Inc., through their respective attorneys, hereby stipulate to a request for an order

3

continuing the date of the hearing on Plaintiff’s Motion for Leave to File a Fourth Amended

4

Complaint from December 16, 2011 at 9:00 a.m. to January 13, 2012 at 9:00 a.m. and continuing

5

the case management conference (“CMC”) from December 16, 2011 at 3:00 p.m. to January 13,

6

2012 at 3:00 p.m. The request is being made at the request of Plaintiff’s counsel due to a

7

scheduling conflict, and UMG’s counsel has graciously agreed to stipulate to the request. Good

8

cause exists for this requested continuance for the reasons detailed below. This Stipulation is

9

supported by the accompanying Declaration of Bruno Tarabichi as required by Local Rule 6-2(a).

10

1. Plaintiff’s counsel have prior scheduled motion hearings on the same date and time

11

On November 2, 2011, the Court issued an Order setting a hearing date on Plaintiff’s

12

Motion for Leave for December 16, 2011 at 9:00 a.m. Before the Court issued such Order,

13

Plaintiff’s counsel had two separate motions scheduled to be heard on December 16, 2011 at 9:00

14

a.m. in another case in San Jose, one of which Mr. Owens would be handling and one of which

15

Mr. Tarabichi would be handling. Between this Court’s November 2, 2011 Order and today,

16

December 2, 2011, Plaintiff’s counsel had hoped that the other case would settle as there had

17

been a mediation and ongoing settlement discussions, which would have obviated the conflict and

18

the need for this Stipulation. As the other hearings were scheduled well before this Court issued

19

its November 2, 2011 Order, Plaintiff’s counsel is respectfully requesting that the hearing in this

20

case be moved. Moving the hearings in the other case will be more difficult and burdensome

21

because, among other things, the assigned judge’s calendar is booked until February 2012,

22

whereas the hearing in this case could be rescheduled as soon as January 13, 2012 (noting that the

23

Court is unavailable on December 30 and January 6), and the other motions involve discovery

24

issues that need to be urgently resolved in the other case.

25
26

2. If the hearing is moved, it makes sense to move the CMC as well
Although Plaintiff’s counsel do not have a scheduling conflict with the case management

27

conference scheduled for December 16, 2011 at 3:00 p.m., it would be more efficient and make

28

sense to move the CMC as well to January 13, 2012 at 3:00 p.m. If the hearing on Plaintiff’s

owens tarabichi llp
Co u ns el or s A t La w

1

STIPULATION
(CASE NO. 3:10-CV-01665-SI)

1

Motion for Leave is continued, then the issue of whether Plaintiff can file its proposed Fourth

2

Amended Complaint will not be resolved until January 13, 2012 or as soon thereafter as the Court

3

decides the motion. This means that the parties will not know whether UMG will be a defendant

4

or not by the date currently set for the CMC. It also means that no other defendants will have

5

been served by this date since the Fourth Amended Complaint will not have been filed, and

6

accordingly, no other defendants will participate in the CMC. As such, it makes sense to move

7

the case management conference until after the Court has addressed Plaintiff’s Motion for Leave.

8

***

9

For all the foregoing reasons, Plaintiff and UMG respectfully request that the Court

10

continue the date of the hearing on Plaintiff’s Motion for Leave to File a Fourth Amended

11

Complaint from December 16, 2011 at 9:00 a.m. to January 13, 2012 at 9:00 a.m. and continue

12

the CMC from December 16, 2011 at 3:00 p.m. to January 13, 2012 at 3:00 p.m.

13
14

Dated: December 2, 2011

Respectfully submitted,
OWENS TARABICHI LLP

15
16

By

17
18
19

/s/ Bruno W. Tarabichi
David R. Owens
Bruno W. Tarabichi
Attorneys for Plaintiff
Preston D. Marshall

20
21
22

Dated: December 2, 2011

Respectfully submitted,
COBLENTZ, PATCH, DUFFY & BASS LLP

23
24

By

25

/s/ Julia D. Greer
Julia D. Greer
Attorneys for Defendant
UMG Recordings, Inc.

26
27
28
owens tarabichi llp
Co u ns el or s A t La w

2

STIPULATION
(CASE NO. 3:10-CV-01665-SI)

1
2
3
4
5
6

DAVID R. OWENS, State Bar No. 180829
[e-mail]
BRUNO W. TARABICHI, State Bar No. 215129
[e-mail]
OWENS TARABICHI LLP
111 N. Market St., Suite 730
San Jose, California 95113
Telephone: [phone]
Facsimile: 408.521.2203
Attorneys for Plaintiff
Preston D. Marshall

7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

SAN FRANCISCO DIVISION

11
12

PRESTON D. MARSHALL, an individual,
Case No. 3:10-cv- 01665-SI

13
14
15
16
17
18
19

Plaintiff,
vs.
JOHN HUFFMAN IV, an individual;
REAL CONTENT GROUP, LLC, a
California limited liability company;
CARLOS MCKINNEY, an individual aka
Los DaMystro; TERIUS YOUNGDELL
NASH, an individual aka THE-DREAM;
UMG RECORDINGS, INC., a Delaware
corporation dba Island Def Jam Music
Group; MARIAH CAREY, an individual;
and DOES 1 – 50, inclusive,

20

TARABICHI DECLARATION IN
SUPPORT OF STIPULATION TO
CONTINUE HEARING ON PLAINTIFF’S
MOTION FOR LEAVE TO FILE FOURTH
AMENDED COMPLAINT AND CASE
MANAGEMENT CONFERENCE FROM
DECEMBER 16, 2011 TO JANUARY 13,
2012
Date:
Friday, December 16, 2011
Time:
9:00 a.m.
Courtroom: 10, 19th Floor
Judge:
Hon. Susan Illston

Defendants.
21
22
23
24
25
26
27
28
owens tarabichi llp
Co u ns el or s A t La w

TARABICHI DECLARATION
(CASE NO. 3:10-CV-01665-SI)

1

I, BRUNO TARABICHI, declare as follows:

2

1.

I am an attorney at law, duly admitted into practice before all courts for the State

3

of California. I am a partner in the law firm of Owens Tarabichi LLP, counsel for Plaintiff

4

Preston D. Marshall. I make this Declaration in support of the Stipulation to Continue Hearing on

5

Plaintiff’s Motion for Leave to File Fourth Amended Complaint and Case Management

6

Conference from December 16, 2011 to January 13, 2012. The matters set forth herein are of my

7

own personal knowledge, and if called upon to testify as to such matters, I could and would do so.

8
9

2.

On November 2, 2011, the Court issued an Order setting a hearing date on

Plaintiff’s Motion for Leave for December 16, 2011 at 9:00 a.m. Before the Court issued such

10

Order, Plaintiff’s counsel had two separate motions scheduled to be heard on December 16, 2011

11

at 9:00 a.m. in another case in San Jose, one of which Mr. Owens would be handling and one of

12

which I would be handling. Between this Court’s November 2, 2011 Order and today, December

13

2, 2011, we had hoped that the other case would settle as there had been a mediation and ongoing

14

settlement discussions, which would have obviated the conflict and this Stipulation. As the other

15

hearings were scheduled well before this Court issued its November 2, 2011 Order, we are

16

respectfully requesting that the hearing in this case be moved. Moving the hearings in the other

17

case will be more difficult and burdensome because, among other things, the assigned judge’s

18

calendar is booked until February 2012, whereas the hearing in this case could be rescheduled as

19

soon as January 13, 2012 (noting that the Court is unavailable on December 30 and January 6),

20

and the other motions involve discovery issues that need to be urgently resolved in the other case.

21

3.

Although Plaintiff’s counsel do not have a scheduling conflict with the case

22

management conference scheduled for December 16, 2011 at 3:00 p.m., it would be more

23

efficient and make sense to move the case management conference as well to January 13, 2012 at

24

3:00 p.m. If the hearing on Plaintiff’s Motion for Leave is continued, then the issue of whether

25

Plaintiff can file its proposed Fourth Amended Complaint will not be resolved until on December

26

16, 2011. This means that the parties will not know whether UMG will be a defendant or not, and

27

it also means that no other defendants will have been served since the Fourth Amended

28
owens tarabichi llp
Co u ns el or s A t La w

1

TARABICHI DECLARATION
(CASE NO. 3:10-CV-01665-SI)

1

Complaint will not have been filed yet. As such, it makes sense to move the case management

2

conference until after the Court has addressed Plaintiff’s Motion for Leave.

3

4.

With regard to Local Rule 6-2(a)(2), this is the first requested time modification of

4

the Court’s November 2, 2011 Order setting the hearing and case management conference for

5

December 16, 2011.

6

5.

With regard to Local Rule 6-2(a)(3), the requested time modification will not

7

affect the timing of the briefing schedule for Plaintiff’s Motion for Leave. It will only move the

8

hearing date from December 16, 2011 to January 13, 2012. Likewise, moving the case

9

management conference will not have an affect on the schedule for the case other than delaying

10

the case management conference from December 16, 2011 to January 13, 2012.

11
12
13
14

I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed December 2, 2011 at San Jose, California.

15
16
17

Bruno Tarabichi

18
19
20
21
22
23
24
25
26
27
28
owens tarabichi llp
Co u ns el or s A t La w

2

TARABICHI DECLARATION
(CASE NO. 3:10-CV-01665-SI)

1
2
3
4
5
6

DAVID R. OWENS, State Bar No. 180829
[e-mail]
BRUNO W. TARABICHI, State Bar No. 215129
[e-mail]
OWENS TARABICHI LLP
111 N. Market St., Suite 730
San Jose, California 95113
Telephone: [phone]
Facsimile: 408.521.2203
Attorneys for Plaintiff
Preston D. Marshall

7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

SAN FRANCISCO DIVISION

11
12

PRESTON D. MARSHALL, an individual,
Case No. 3:10-cv- 01665-SI

13
14
15
16
17
18
19

Plaintiff,
vs.
JOHN HUFFMAN IV, an individual;
REAL CONTENT GROUP, LLC, a
California limited liability company;
CARLOS MCKINNEY, an individual aka
Los DaMystro; TERIUS YOUNGDELL
NASH, an individual aka THE-DREAM;
UMG RECORDINGS, INC., a Delaware
corporation dba Island Def Jam Music
Group; MARIAH CAREY, an individual;
and DOES 1 – 50, inclusive,

[PROPOSED] ORDER GRANTING
STIPULATION TO CONTINUE HEARING
ON PLAINTIFF’S MOTION FOR LEAVE
TO FILE FOURTH AMENDED
COMPLAINT AND CASE MANAGEMENT
CONFERENCE FROM DECEMBER 16,
2011 TO JANUARY 13, 2012
Date:
Friday, December 16, 2011
Time:
9:00 a.m.
Courtroom: 10, 19th Floor
Judge:
Hon. Susan Illston

20
Defendants.
21
22
23
24
25
26
27
28
owens tarabichi llp
Co u ns el or s A t La w

[PROPOSED] ORDER
(CASE NO. 3:10-CV-01665-SI)

1

Having read and considered Plaintiff and UMG’s to Stipulation to Continue Hearing on

2

Plaintiff’s Motion for Leave to File Fourth Amended Complaint and Case Management

3

Conference from December 16, 2011 to January 13, 2012, and good cause appearing, the Court

4

hereby grants the Stipulation and

5

IT IS HEREBY ORDERED that the hearing on Plaintiff’s Motion for Leave to File a

6

Fourth Amended Complaint is continued from December 16, 2011 at 9:00 a.m. to January 13,

7

2012 at 9:00 a.m. and the case management conference is continued from December 16, 2011 at

8

3:00 p.m. to January 13, 2012 at 3:00 p.m

9
10
11

12/6/11
Dated:

Honorable Susan Illston

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
owens tarabichi llp
Co u ns el or s A t La w

1

[PROPOSED] ORDER
(CASE NO. 3:10-CV-01665-SI)