Houston et al v. Ferguson et al

Filing 88

ORDER GRANTING 87 Stipulation Re: Further Extension of Time to File Response to Second Amended Complaint. Signed by Judge Jeffrey S. White on 7/1/1. (jjoS, COURT STAFF) (Filed on 7/1/2011)

Case3:10-cv-01881-JSW Document87

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Filed06/30/11 Page1 of 4

ALAN KORN, ESQ. ( 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

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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,
Plaintiffs,

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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;
TUNECORE, INC., a Delaware Corporation;

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Case No. C10-01881 JSW
STIPULATION AND [PROPOSED]
ORDER RE: FURTHER 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: FURTHER EXTENSION OF TIME TO FILE RESPONSE TO
SECOND AMENDED COMPLAINT
CASE NO.: C10-01881 JSW

Case3:10-cv-01881-JSW Document87

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

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Filed06/30/11 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 June 10, 2011, that Defendant Ferguson’s response to the Second Amended Complaint

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is due by July 5, 2011; and

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WHEREAS, this is the ninth request for extension of the date by which Defendant shall file
a responsive pleading; and
WHEREAS, the parties have reached a settlement in this matter, are close to finalizing a

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settlement agreement, and are actively engaged in having it executed by all parties; 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 July 22, 2011, to allow the parties time to execute the

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settlement agreement;

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//
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STIPULATION AND [PROPOSED] ORDER RE: FURTHER EXTENSION OF TIME TO FILE RESPONSE TO
SECOND AMENDED COMPLAINT
CASE NO.: C10-01881 JSW

Case3:10-cv-01881-JSW Document87

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Filed06/30/11 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 July 22, 2011;
SO STIPULATED.

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Dated: June 30, 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: June 30, 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
General Order No. 45(X)(B), concurrence in the filing of this document has been obtained from
Alan Korn, the above signatory.

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Dated: June 30, 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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1.

Defendant David Ferguson shall file a responsive pleading to the Second Amended

Complaint no later than July 22, 2011.
IT IS SO ORDERED.

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Dated: July 1, 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: FURTHER EXTENSION OF TIME TO FILE RESPONSE TO
SECOND AMENDED COMPLAINT
CASE NO.: C10-01881 JSW