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)

Case3:10-cv-01881-JSW Document79

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Filed04/13/11 Page1 of 5

ALAN KORN, ESQ. (SBN 167933)
LAW OFFICE OF ALAN KORN
1840 Woolsey Street
Berkeley, California 94703
Telephone: [phone]
Facsimile: [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]

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ANTHONY R. BERMAN, ESQ. (SBN 160634)
BERMAN ENTERTAINMENT AND
TECHNOLOGY LAW
235 Montgomery St., Ste 760
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant David Ferguson

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PENELOPE HOUSTON, an individual, GREG
INGRAHAM, an individual, JAMES WILSEY, an
individual, and DANIEL O’BRIEN, an individual,

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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.

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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

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Delaware Corporation; and Film 44, INC., a
California Corporation,

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Defendants.

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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.

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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
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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

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Filed04/13/11 Page3 of 5

WHEREAS, Plaintiffs and Defendant agree and stipulate that a further extension of time for

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Defendant to file a responsive pleading to the SAC, to May 2, 2011, and a continuance of the CMC and

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of the CMC Statement deadline, for a period of at least thirty (30) days, is appropriate and would allow

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the parties further time to finalize settlement, and hereby jointly request that the Court order such

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enlargement of time; and

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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.

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Amended Complaint shall be extended to and including May 2, 2011.
2.

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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.

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LAW OFFICE OF ALAN KORN
Dated: April 13, 2011

By:

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/s/ Alan Michael Korn
Alan Michael Korn
Attorneys for Plaintiffs

IDELL & SEITEL LLP

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Dated: April 13, 2011

By:

/s/ Richard J. Idell
Richard J. Idell
Attorneys for Defendant David Ferguson

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ATTESTATION OF CONCURRENCE
I, Richard J. Idell, as the ECF user and filer of this document, attest that, pursuant to General
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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

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Order No. 45(X)(B), concurrence in the filing of this document has been obtained from Alan Korn, the

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above signatory.
IDELL & SEITEL LLP

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Dated: April 13, 2011

By:

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/s/ Richard J. Idell
Richard J. Idell
Attorneys for Defendant David Ferguson

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[PROPOSED] ORDER

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PURSUANT TO THE ABOVE STIPULATION, IT IS HEREBY ORDERED as follows:

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1.

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Defendant David Ferguson shall file a responsive pleading to the Second Amended
Complaint on or before May 2, 2011.

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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

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Golden Gate Avenue, San Francisco, California.

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2.

3.

A supplemental joint Case Management Conference Statement shall be filed by the
, 2011.
parties on or before June 10

SO ORDERED.

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Dated: April 14

, 2011
The Honorable Jeffrey S. White
United States District Court, Northern District of California

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STIPULATION RE: FURTHER EXTENSION OF TIME TO FILE RESPONSE TO SECOND AMENDED COMPLAINT AND
CONTINUANCE OF CASE MANAGEMENT CONFERENCE AND STATEMENT DEADLINE