Houston et al v. Ferguson et al

Filing 80

ORDER GRANTING 79 StipulationFurther Extension of Time to File Response to Second Amended Complaint and Continuance of Case Management Conference and Case Management Conference Statement Deadline. Case Management Statement due by 6/10/2011. Case Management Conference set for 6/17/2011 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge Jeffrey S. White on 4/14/11. (jjoS, COURT STAFF) (Filed on 4/14/2011)

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Case3:10-cv-01881-JSW Document79 1 2 3 4 5 6 7 8 9 10 11 12 Filed04/13/11 Page1 of 5 ALAN KORN, ESQ. (SBN 167933) LAW OFFICE OF ALAN KORN 1840 Woolsey Street Berkeley, California 94703 Telephone: (510) 548-7300 Facsimile: (510) 540-4821 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: (415) 986-2400 Facsimile: (415) 392-9259 16 ANTHONY R. BERMAN, ESQ. (SBN 160634) BERMAN ENTERTAINMENT AND TECHNOLOGY LAW 235 Montgomery St., Ste 760 San Francisco, CA 94104 Telephone: (415) 816-9623 Facsimile: (415) 421-2355 17 Attorneys for Defendant David Ferguson 13 14 15 18 UNITED STATES DISTRICT COURT 19 NORTHERN DISTRICT OF CALIFORNIA 20 21 22 PENELOPE HOUSTON, an individual, GREG INGRAHAM, an individual, JAMES WILSEY, an individual, and DANIEL O’BRIEN, an individual, 23 24 25 26 27 28 Plaintiffs, v. DAVID FERGUSON, an individual dba CD PRESENTS, BURIED TREASURE MUSIC and ANARCHY ANTHEMS; ANTHEM MUSIC AND MEDIA FUND, LLC, a Delaware Limited Liability Company dba FIGS D. MUSIC, THE BICYCLE MUSIC COMPANY, an entity of unknown origin; NBC UNIVERSAL, INC., a CASE NO. C10-01881 JSW STIPULATION AND [PROPOSED] ORDER RE: FURTHER EXTENSION OF TIME TO FILE RESPONSE TO SECOND AMENDED COMPLAINT AND CONTINUANCE OF CASE MANAGEMENT CONFERENCE AND CASE MANAGEMENT CONFERENCE STATEMENT DEADLINE Currently Scheduled Conference: Date: May 6, 2011 Time: 1:30 p.m. 1 STIPULATION RE: FURTHER EXTENSION OF TIME TO FILE RESPONSE TO SECOND AMENDED COMPLAINT AND CONTINUANCE OF CASE MANAGEMENT CONFERENCE AND STATEMENT DEADLINE Case3:10-cv-01881-JSW Document79 1 Delaware Corporation; and Film 44, INC., a California Corporation, 2 Defendants. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 19 20 21 22 23 24 25 26 27 28 Courtroom: 11 – Nineteenth Floor Hon. Jeffrey S. White, Presiding (E-Filing) Pursuant to Rule 6(b) of the Federal Rules of Civil Procedure and Rule 6-1(b) 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 set forth below. This Stipulation, and the Proposed Order thereon, is being submitted for the purpose of (a) extending the deadline to file a responsive pleading to Plaintiffs’ Second Amended Complaint (the “SAC”), (b) continuing the Case Management Conference (“CMC”) in this case, which is currently scheduled for May 6, 2011, for at least thirty (30) days, to a date convenient to the Court, and (c) continuing the CMC Statement deadline that is tied to the date of the CMC. As set forth in the Recitals below, the parties believe that good cause exists for the Order requested in light of the status of the parties’ settlement negotiations. 17 18 Filed04/13/11 Page2 of 5 RECITALS WHEREAS, Plaintiffs filed a Second Amended Complaint on January 21, 2011; and WHEREAS, Plaintiffs and Defendant Ferguson previously stipulated, and this Court ordered on March 25, 2011, that Defendant Ferguson’s response to the SAC was due by April 11, 2011; and WHEREAS, Plaintiffs and Defendant Ferguson previously stipulated, and this Court ordered on March 31, 2011, that the CMC is to be held on May 6, 2011, and that the CMC Statement is due on April 29, 2011; and WHEREAS, the parties have agreed to the substantive terms of settlement of their dispute and are actively negotiating the memorialization thereof; and WHEREAS, Rule 6-1(b) of the Civil Local Rules of the United States District Court, Northern District of California, requires the parties to obtain a court order for any enlargement or shortening of time that alters an event or deadline already fixed by Court order; and 2 STIPULATION RE: FURTHER EXTENSION OF TIME TO FILE RESPONSE TO SECOND AMENDED COMPLAINT AND CONTINUANCE OF CASE MANAGEMENT CONFERENCE AND STATEMENT DEADLINE Case3:10-cv-01881-JSW Document79 1 Filed04/13/11 Page3 of 5 WHEREAS, Plaintiffs and Defendant agree and stipulate that a further extension of time for 2 Defendant to file a responsive pleading to the SAC, to May 2, 2011, and a continuance of the CMC and 3 of the CMC Statement deadline, for a period of at least thirty (30) days, is appropriate and would allow 4 the parties further time to finalize settlement, and hereby jointly request that the Court order such 5 enlargement of time; and 6 7 8 9 10 WHEREAS, the parties believe that requested time modifications would have no substantial effect on the schedule for this case and would encourage completion of the settlement; NOW THEREFORE, Plaintiffs and Defendant, by and through their respective undersigned counsel, hereby stipulate as follows: 1. 11 12 Amended Complaint shall be extended to and including May 2, 2011. 2. 13 14 15 16 The time for Defendant David Ferguson to file a responsive pleading to the Second Subject to Court approval and the Court’s calendar, the CMC shall be continued for a period of at least thirty (30) days from May 6, 2011. 3. Subject to Court approval, the CMC Statement deadline shall be continued for a period of at least thirty (30) days from April 29, 2011. SO STIPULATED. 17 18 LAW OFFICE OF ALAN KORN Dated: April 13, 2011 By: 19 20 21 /s/ Alan Michael Korn Alan Michael Korn Attorneys for Plaintiffs IDELL & SEITEL LLP 22 23 24 Dated: April 13, 2011 By: /s/ Richard J. Idell Richard J. Idell Attorneys for Defendant David Ferguson 25 26 27 28 ATTESTATION OF CONCURRENCE I, Richard J. Idell, as the ECF user and filer of this document, attest that, pursuant to General 3 STIPULATION RE: FURTHER EXTENSION OF TIME TO FILE RESPONSE TO SECOND AMENDED COMPLAINT AND CONTINUANCE OF CASE MANAGEMENT CONFERENCE AND STATEMENT DEADLINE Case3:10-cv-01881-JSW Document79 Filed04/13/11 Page4 of 5 1 Order No. 45(X)(B), concurrence in the filing of this document has been obtained from Alan Korn, the 2 above signatory. IDELL & SEITEL LLP 3 4 Dated: April 13, 2011 By: 5 /s/ Richard J. Idell Richard J. Idell Attorneys for Defendant David Ferguson 6 7 8 9 [PROPOSED] ORDER 10 PURSUANT TO THE ABOVE STIPULATION, IT IS HEREBY ORDERED as follows: 11 1. 12 13 Defendant David Ferguson shall file a responsive pleading to the Second Amended Complaint on or before May 2, 2011. 14 The Case Management Conference in this matter shall be continued to June 17 , 2011 at 1:30 p.m. in Courtroom 11, 19th Floor, Federal Building, 450 15 Golden Gate Avenue, San Francisco, California. 16 17 18 2. 3. A supplemental joint Case Management Conference Statement shall be filed by the , 2011. parties on or before June 10 SO ORDERED. 19 20 21 Dated: April 14 , 2011 The Honorable Jeffrey S. White United States District Court, Northern District of California 22 23 24 25 26 27 28 4 STIPULATION RE: FURTHER EXTENSION OF TIME TO FILE RESPONSE TO SECOND AMENDED COMPLAINT AND CONTINUANCE OF CASE MANAGEMENT CONFERENCE AND STATEMENT DEADLINE

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