Houston et al v. Ferguson et al
Filing
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ORDER GRANTING 81 Stipulation to Extend Time to Respond. Signed by Judge Jeffrey S. White on April 29, 2011. (jswlc3, COURT STAFF) (Filed on 4/29/2011)
Case3:10-cv-01881-JSW Document81
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Filed04/29/11 Page1 of 4
ALAN KORN, SBN 167933
LAW OFFICE OF ALAN KORN
1840 Woolsey Street
Berkeley, California 94703
Ph. (510) 548-7300
Fax: (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
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
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; BURIED
TREASURE MUSIC, BURIED TREASURE
INC., a Corporation of unknown jurisdiction;
INDEPENDENT ONLINE DISTRIBUTION
ALLIANCE, INC., a California Corporation;
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Case No. C10-01881 JSW
STIPULATION AND [PROPOSED]
ORDER RE: SIXTH EXTENSION OF
TIME TO FILE RESPONSE TO
SECOND AMENDED COMPLAINT
Hon. Jeffrey S. White, Presiding
(E-Filing)
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STIPULATION AND [PROPOSED] ORDER RE: SIXTH EXTENSION OF TIME TO FILE RESPONSE TO
SECOND AMENDED COMPLAINT
CASE NO.: C10-01881 JSW
Case3:10-cv-01881-JSW Document81
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TUNECORE, INC., a Delaware Corporation;
and RHAPSODY INTERNATIONAL, INC., a
Delaware Corporation,
Defendants.
Filed04/29/11 Page2 of 4
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Pursuant to Rule 6(b) of the Federal Rules of Civil Procedure and Rule 6-1(a) of the Civil
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Local Rules of the United States District Court, Northern District of California, Plaintiffs
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PENELOPE HOUSTON, an individual, GREG INGRAHAM, an individual, JAMES WILSEY, an
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individual, and DANIEL O’BRIEN, an individual (collectively, “Plaintiffs”), on the one hand, and
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Defendant DAVID FERGUSON, an individual (“Defendant”), on the other hand, hereby agree and
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stipulate as follows:
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WHEREAS, Plaintiffs filed a Second Amended Complaint on January 21, 2011; and
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WHEREAS, Plaintiff and Defendant Ferguson previously stipulated, and this Court
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ordered on April 14, 2011, that Defendant Ferguson’s response to the Second Amended Complaint
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is due by May 2, 2011; and
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WHEREAS, this is the sixth 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
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WHEREAS, Rule 6-1(a) of the Civil Local Rules of the United States District Court,
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Northern District of California, permits the parties to extend the time within which to answer or
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otherwise respond to a complaint by stipulation in writing and without a Court order, provided the
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change will not alter the date of any event or any deadline already fixed by Court order; and
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WHEREAS, Plaintiffs and Defendant agree that the extension of time for Defendant to file
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a responsive pleading to the Second Amended Complaint will not alter the date of any event or any
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deadline already fixed by Court order; and
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WHEREAS, Plaintiffs and Defendant agree that the date by which Defendant shall file a
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responsive pleading should be extended to May 23, 2011, to allow the parties time to discuss
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settlement and complete the settlement agreement;
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STIPULATION AND [PROPOSED] ORDER RE: SIXTH EXTENSION OF TIME TO FILE RESPONSE TO
SECOND AMENDED COMPLAINT
CASE NO.: C10-01881 JSW
Case3:10-cv-01881-JSW Document81
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Filed04/29/11 Page3 of 4
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 May 23, 2011;
SO STIPULATED.
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Dated: April 29, 2011
LAW OFFICE OF ALAN KORN
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By:
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/Alan Korn/
Alan Korn
Attorneys for Plaintiffs
PENELOPE HOUSTON, GREG INGRAHAM,
JAMES WILSEY and DANIEL O’BRIEN
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IDELL & SEITEL LLP
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Dated: April 29, 2011
By:
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/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
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General Order No. 45(X)(B), concurrence in the filing of this document has been obtained from
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Alan Korn, the above signatory.
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Dated: April 29, 2011
By:
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/Richard J. Idell/
Richard J. Idell
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[PROPOSED] ORDER
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PURSUANT TO STIPULATION, IT IS HEREBY ORDERED that:
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Defendant David Ferguson shall file a responsive pleading to the Second Amended
Complaint no later than May 23, 2011.
IT IS SO ORDERED.
Dated: April 29, 2011
Hon. Jeffrey S. White
Judge of the United States District Court
Northern District of California
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STIPULATION AND [PROPOSED] ORDER RE: SIXTH EXTENSION OF TIME TO FILE RESPONSE TO
SECOND AMENDED COMPLAINT
CASE NO.: C10-01881 JSW
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