Houston et al v. Ferguson et al

Filing 76

ORDER GRANTING 75 Stipulation Re: Fourth Extension of Time to File Response to Second Amended Complaint. Signed by Judge Jeffrey S. White on 3/25/11. (jjoS, COURT STAFF) (Filed on 3/25/2011)

Houston et al v. Ferguson et al

Doc. 76

Case3:10-cv-01881-JSW Document75

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ALAN KORN, SBN 167933 LAW OFFICE OF ALAN KORN 1840 Woolsey Street Berkeley, California 94703 Ph. [phone] Fax: [phone] Attorney for Plaintiffs Penelope Houston, James Wilsey, Daniel O'Brien and Greg Ingraham RICHARD J. IDELL, ESQ. (SBN 069033) ORY SANDEL, ESQ. (SBN 233204) IDELL & SEITEL LLP 465 California Street, Suite 300 San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] ANTHONY R. BERMAN, ESQ. (SBN 160634) BERMAN ENTERTAINMENT AND TECHNOLOGY LAW 235 Montgomery St., Ste 760 San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant David Ferguson UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA PENELOPE HOUSTON, an individual, GREG INGRAHAM, an individual, JAMES WILSEY, an individual, and DANIEL O'BRIEN, an individual, Plaintiffs, v. DAVID FERGUSON, an individual dba CD PRESENTS, BURIED TREASURE MUSIC and ANARCHY ANTHEMS; BURIED TREASURE MUSIC, BURIED TREASURE INC., a Corporation of unknown jurisdiction; INDEPENDENT ONLINE DISTRIBUTION ALLIANCE, INC., a California Corporation; ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. C10-01881 JSW STIPULATION AND [PROPOSED] ORDER RE: FOURTH EXTENSION OF TIME TO FILE RESPONSE TO SECOND AMENDED COMPLAINT Hon. Jeffrey S. White, Presiding (E-Filing)

1 STIPULATION AND [PROPOSED] ORDER RE: FOURTH EXTENSION OF TIME TO FILE RESPONSE TO SECOND AMENDED COMPLAINT CASE NO.: C10-01881 JSW Dockets.Justia.com

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TUNECORE, INC., a Delaware Corporation; and RHAPSODY INTERNATIONAL, INC., a Delaware Corporation, Defendants.

) ) ) )

Pursuant to Rule 6(b) of the Federal Rules of Civil Procedure and Rule 6-1(a) of the Civil Local Rules of the United States District Court, Northern District of California, Plaintiffs PENELOPE HOUSTON, an individual, GREG INGRAHAM, an individual, JAMES WILSEY, an individual, and DANIEL O'BRIEN, an individual (collectively, "Plaintiffs"), on the one hand, and Defendant DAVID FERGUSON, an individual ("Defendant"), on the other hand, hereby agree and stipulate as follows: WHEREAS, Plaintiffs filed a Second Amended Complaint on January 21, 2011; and WHEREAS, Plaintiff and Defendant Ferguson previously stipulated, and this Court ordered on March 10, 2011, that Defendant Ferguson's response to the Second Amended Complaint is due by March 28, 2011; and WHEREAS, this is the fourth request for extension of the date by which Defendant shall file a responsive pleading; and WHEREAS, the parties are actively engaged in settlement discussions in an attempt to resolve their dispute; and WHEREAS, Rule 6-1(a) of the Civil Local Rules of the United States District Court, Northern District of California, permits the parties to extend the time within which to answer or otherwise respond to a complaint by stipulation in writing and without a Court order, provided the change will not alter the date of any event or any deadline already fixed by Court order; and WHEREAS, Plaintiffs and Defendant agree that the extension of time for Defendant to file a responsive pleading to the Second Amended Complaint will not alter the date of any event or any deadline already fixed by Court order; and WHEREAS, Plaintiffs and Defendant agree that the date by which Defendant shall file a responsive pleading should be extended to April 11, 2011, to allow the parties time to discuss settlement;
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NOW THEREFORE, Plaintiffs and Defendant, by and through their respective undersigned counsel, hereby stipulate as follows: 1. The time for Defendant David Ferguson to file a responsive pleading to the Second

Amended Complaint shall be extended to and including April 11, 2011; SO STIPULATED.

Dated: March 25, 2011 By:

LAW OFFICE OF ALAN KORN /Alan Korn/ Alan Korn Attorneys for Plaintiffs PENELOPE HOUSTON, GREG INGRAHAM, JAMES WILSEY and DANIEL O'BRIEN IDELL & SEITEL LLP

Dated: March 25, 2011

By:

/Richard J. Idell/ Richard J. Idell Attorneys for Defendant DAVID FERGUSON

ATTESTATION OF CONCURRENCE I, Richard J. Idell, as the ECF user and filer of this document, attest that, pursuant to General Order No. 45(X)(B), concurrence in the filing of this document has been obtained from Alan Korn, the above signatory. Dated: March 25, 2011 By: /Richard J. Idell/ Richard J. Idell

[PROPOSED] ORDER 22 23 24 25 26 27 28 PURSUANT TO STIPULATION, IT IS HEREBY ORDERED that: 1. Defendant David Ferguson shall file a responsive pleading to the Second Amended

Complaint no later than April 11, 2011. IT IS SO ORDERED. Dated: March 25, 2011 Hon. Jeffrey S. White Judge of the United States District Court Northern District of California
3 STIPULATION AND [PROPOSED] ORDER RE: FOURTH EXTENSION OF TIME TO FILE RESPONSE TO SECOND AMENDED COMPLAINT CASE NO.: C10-01881 JSW