Kos Media LLC et al v. Research 2000 et al
Filing
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ORDER Case Management Statement due by 9/22/2011. Case Management Conference set for 9/29/2011 10:00 AM in Courtroom B, 15th Floor, San Francisco.. Signed by Judge Maria-Elena James on 7/22/2011. (cdnS, COURT STAFF) (Filed on 7/22/2011)
AND
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DELAIR D. ALI, in pro per
10027 Sinnott Drive
Bethesda, MD 20817
Defendant
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Attorneys for Plaintiffs
Kos Media and Markos Moulitsas Zúniga
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NATHAN DOOLEY (SBN 224331)
Ndooley@cozen.com
Adam C. Bonin (Pro hac vice)
COZEN O'CONNOR
601 South Figueroa Street
Suite 3700
Los Angeles, California 90017
Telephone: 213.892.7900
Toll Free Phone: 800.563.1027
Facsimile: 213.892.7999
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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KOS MEDIA, LLC and
MARKOS MOULITSAS ZÚNIGA,
PLAINTIFFS,
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VS.
RESEARCH 2000 AND DELAIR D. ALI,
DEFENDANTS.
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Case No.: 3:10-CV-02894 MEJ________________________
JOINT STATUS REPORT
CMC Hearing Date: July 28, 2011
Time:
10:00 AM
Courtroom:
B
Complaint filed: June 30, 2010.
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Plaintiffs Kos Media, LLC and MARKOS MOULITSAS ZÚNIGA (Plaintiffs),
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and Defendant Delair D. Ali, in pro per, respectfully submit this Status Report
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regarding the parties’ prospective settlement.
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STATUS REPORT
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BACKGROUND
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1)
The Parties
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Plaintiff Kos Media LLC (“Kos Media”) is based in Berkeley California. It
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owns and operates the DailyKos (http://www.dailykos.com), the largest progressive
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community blog in the United States. Markos Moulitsas Zúniga is the founder,
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publisher, and sole owner of Kos Media. Defendant Research 2000 is a polling firm
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based in Olney, Maryland. Delair D. Ali (“Ali”) is the owner and CEO of Research
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2000.
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2)
The Complaint
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As part of its role as a news organization, Kos Media commissioned a number
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of polls from Research 2000, beginning in September 2007. Kos Media and Research
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2000, through Moulitsas and Ali, entered into a series of agreements through which
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Kos Media would pay Research 2000 for political polling performed based on certain
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professional standards, including requirements for the number of individuals surveyed
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for each poll. Defendants breached their agreement with Kos Media by failing to
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perform the polls which they were contracted to provide, instead falsifying the data
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provided to the Kos Media.
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The Complaint sets forth the following causes of action: 1) Breach of Contract;
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2) Unfair Business Practices under Cal. Bus. & Prof. Code §§ 17200 et seq.; 3) Breach
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of Implied Warranty; 4) Intentional Misrepresentation; 5) Negligent
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Misrepresentation; 6) Constructive Fraud; and 7) Conversion.
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3)
Procedural History
Plaintiffs filed suit on June 30, 2011. The Complaint was timely served on
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Defendants. On behalf of himself, and Research 2000, Ali signed a waiver of service
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on or about August 05, 2010. In the cover letter returning the waiver of service, Ali’s
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STATUS REPORT
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counsel stated that they would file a responsive pleading on or before September 07,
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2010.
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The parties made progress toward a settlement, and reached a general
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understanding before Defendants’ responsive pleading was due. Plaintiffs notified the
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Court of the pending settlement. On September 09, 2010, the deadline for filing a
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responsive pleading was extended by Court Order and pursuant to stipulation. (Doc.
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No. 9.) The settlement agreement was signed by the parties.
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The matter was set for a Case Management Conference for December 02,
2010. (Id.) The Case Management Conference was continued to January 13, 2011
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pursuant to stipulation and Court Order. (Doc. No. 11.) On December 21, 2010
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counsel for Defendants moved to withdraw from the case. (Doc. No. 12.) That
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Motion was granted on January 06, 2011, leaving Defendants unrepresented by
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counsel. (Doc. No. 16.) The Case Management Conference was continued to March
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10, 2011. (Doc. No. 18.)
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In lieu of the Case Management Conference on March 10, 2011, the Court
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issued an Order continuing the Case Management Conference to April 28, 2011. (Doc
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No. 22.) The Court also entered an Order requiring that Research 2000 procure
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counsel. (Doc. No. 22.) Also on April 28, 2011, the Court ordered the parties to file
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a joint Status Report. (Id.)
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Research 2000 failed to procure counsel. Because Research 2000 was not able
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to procure counsel, the Court entered default as to Research 2000 on May 19, 2011
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pursuant to Civil Local Rule 3-9(b). (Doc. No. 25.) In advance of a CMC hearing set
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for June 09, 2011, the parties filed a Joint Status Report. In view of that Report, the
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Court continued the CMC hearing to July 21, 2011 and ordered the parties to file the
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instant Joint Report by July 21, 2011. (Doc. No. 29.)
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STATUS REPORT
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STATUS
Plaintiffs have not yet moved for entry of default Judgment as to Research 2000
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due to the Rule against piecemeal judgments. See Fed. R. Civ. P. 54(b).
With respect to Defendant Delair Ali, he sent a payment of $9,000 to Plaintiffs’
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counsel on or about April 12, 2011. Plaintiffs characterize this payment as progress.
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While Mr. Ali was unable to make the further payment predicted by the last status
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report, Mr. Ali has repeatedly insisted that he fully intends to make good on the
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amounts required by the settlement agreement, and soon, which will in turn yield the
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resolution both parties seek. While Plaintiffs have been unable to collect on additional
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significant payments, and Mr. Ali has been unable to make payments at a rate which
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either he or Kos Media would like, he continues to be cooperative and communicative
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and Plaintiffs would prefer to avoid the additional expense of default proceedings at
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this time.
This Court’s last Order, and all previous Court Orders, were timely served on
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Defendants.
Counsel for Plaintiffs will file a request to appear telephonically at the hearing
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scheduled for July 28, 2011.
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STATUS REPORT
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RECOMMENDATION
In view of these facts, the parties respectfully submit that the Case Management
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Conference be continued for 60 days to allow time for Plaintiff to make additional
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payments and come current on the settlement. If the payment does not clear, or if a
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substantial payment is not made within 60 days, Plaintiffs shall move for entry of
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default as to Ali.
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Date: July 21, 2011
*Emails authorizing signature attached as
Exhibit A.
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By: _______-/S/-___________
Delair Ali, in pro per
10027 Sinnott Drive
Bethesda, MD 20817
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Date: July 20, 2011
COZEN O'CONNOR
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By: ______-/S/-_____________
NATHAN DOOLEY
ADAM C. BONIN
Attorneys for Plaintiffs
COZEN O'CONNOR
601 South Figueroa Street
Suite 3700
Los Angeles, California 90017
Telephone: 213.892.7900
Toll Free Phone: 800.563.1027
Facsimile: 213.892.7999
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The CMC is continued to September 29, 2011 at 10:00 a.m. A joint cmc statement shall be
filed by September 22.
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STATUS REPORT
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