Davis v. Electronic Arts, Inc.

Filing 57

STIPULATION AND ORDER RE: BRIEFING SCHEDULE AND HEARING DATE FOR DEFENDANT ELECTRONIC ARTS INC.'S MOTION TO DISMISS AND ANTI-SLAPP MOTION TO STRIKE. Signed by Judge Richard Seeborg on 5/17/11. (cl, COURT STAFF) (Filed on 5/18/2011)

*E-Filed 5/18/11*
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KEKER & VAN NEST LLP
ROBERT A. VAN NEST - #84065
[e-mail]
R. JAMES SLAUGHTER - #192813
[e-mail]
R. ADAM LAURIDSEN - #243780
[e-mail]
710 Sansome Street
San Francisco, CA 94111-1704
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
ELECTRONIC ARTS INC.

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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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MICHAEL E. DAVIS, aka TONY DAVIS,
VINCE FERRAGAMO, and BILLY JOE
DUPREE, on behalf of themselves and all
other similarly situated,

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Plaintiffs,
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v.
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Case No. 10-CV-3328-RS
STIPULATION AND [PROPOSED]
ORDER RE: BRIEFING SCHEDULE
AND HEARING DATE FOR
DEFENDANT ELECTRONIC ARTS
INC.’S MOTION TO DISMISS AND
ANTI-SLAPP MOTION TO STRIKE

ELECTRONIC ARTS INC.,
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Defendant.
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Judge:

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Date Comp. Filed:

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Trial Date: None

Hon. Richard Seeborg
July 29, 2010

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555973.01

STIPULATION AND [PROPOSED] ORDER RE: BRIEFING SCHEDULE AND HEARING DATE FOR
DEFENDANT ELECTRONIC ARTS INC.’S MOTION TO DISMISS AND ANTI-SLAPP MOTION TO STRIKE
CASE NO. 10-CV-3328-RS

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WHEREAS, on January 6, 2011, Defendant Electronic Arts Inc. (“EA”) filed a Motion to

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Dismiss, Or, In the Alternative, Special Motion to Strike Pursuant to C.C.P. § 425.16 Plaintiffs’

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First Amended Complaint; and

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WHEREAS, on January 26, 2011, the parties stipulated to and proposed to the court a

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continuance of the hearing on EA’s motion in order to allow Plaintiffs time to propound

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discovery they believed necessary to oppose EA’s anti-SLAPP motion; and

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WHEREAS, on January 31, 2011, the Court denied without prejudice EA’s motions,

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extended the period for EA to file a responsive pleading until June 9, 2011 and ordered EA not to

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set the hearing date for the responsive pleading before July 14, 2011; and

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WHEREAS, the Plaintiffs’ served written discovery on EA and the parties have met and

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conferred regarding Plaintiffs’ proposed discovery but have been unable to resolve their

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differences regarding that discovery; and

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WHEREAS, on April 28, 2011, Plaintiffs filed a motion to compel responses to discovery
against EA; and

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WHEREAS, on May 4, 2011, Magistrate Judge Ru set the hearing on Plaintiffs’ motion
to compel for June 16, 2011; and

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WHEREAS, the parties have met and conferred and believe that the briefing schedule

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described below provides appropriate time for the motion to compel to be heard while allowing

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Plaintiffs sufficient time to oppose EA’s motion to dismiss and anti-SLAPP motion to strike; and

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WHEREAS, the agreed upon briefing schedule will not impact any other dates currently
scheduled in this case;

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THEREFORE, the parties hereby stipulate and propose as follows:

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STIPULATION

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1.

EA will file its motion to dismiss and anti-SLAPP motion to strike on June 9,

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2.

Plaintiffs’ opposition to EA’s motions shall be filed on or before July 21, 2011.

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3.

EA’s reply to Plaintiffs’ opposition shall be filed on or before August 4, 2011.

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4.

The hearing on EA’s motions shall be heard on August 25, 2011, or as soon as

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2011.

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555973.01

[PROPOSED] SCHEDULING ORDER RE: BRIEFING SCHEDULE AND HEARING DATE FOR DEFENDANT
ELECTRONIC ARTS INC.’S MOTION TO DISMISS AND ANTI-SLAPP MOTION TO STRIKE
CASE NO. 10-CV-3328-RS

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practicable thereafter as the availability of the Court’s calendar permits.
Both parties agree to the stipulation as indicated by their signatures below. The parties

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respectfully request that the Court approve the stipulation. A form of Proposed Order is filed

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herewith.

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R. James Slaughter, the filer of this stipulation, pursuant to General Order No. 45,

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Electronic Case Filing, Section 10(b), hereby attests that Brian D. Henri concurs in the filing of

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this stipulation.

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Dated: May 17, 2011

KEKER & VAN NEST LLP

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By: /s/ R. James Slaughter
R. JAMES SLAUGHTER
R. ADAM LAURIDSEN
Attorneys for Defendant
ELECTRONIC ARTS INC.

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Dated: May 17, 2011

THOMAS WHITELAW & TYLER, LLP

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By: /s/ Brian D. Henri
BRIAN D. HENRI
Attorneys for Plaintiffs MICHAEL
DAVIS, VINCE FERRAGAMO, and
BILLY JOE DUPREE

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555973.01

[PROPOSED] SCHEDULING ORDER RE: BRIEFING SCHEDULE AND HEARING DATE FOR DEFENDANT
ELECTRONIC ARTS INC.’S MOTION TO DISMISS AND ANTI-SLAPP MOTION TO STRIKE
CASE NO. 10-CV-3328-RS

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[PROPOSED] ORDER

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The Court, having considered the parties’ stipulation and good cause appearing,
HEREBY ORDERS as follows:

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1.

EA will file its motion to dismiss and anti-SLAPP motion to strike on June 9,

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2.

Plaintiffs’ oppositions to EA’s motions shall be filed on or before July 21, 2011.

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3.

EA’s replies to Plaintiffs’ oppositions shall be filed on or before August 4, 2011.

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4.

The hearing on EA’s motions shall be heard on August 25, 2011, or as soon as

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2011.

practicable thereafter as the availability of the Court’s calendar permits.

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IT IS SO ORDERED.

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Dated: 5/17/11

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______________________________________
HON. RICHARD SEEBORG
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

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555973.01

[PROPOSED] SCHEDULING ORDER RE: BRIEFING SCHEDULE AND HEARING DATE FOR DEFENDANT
ELECTRONIC ARTS INC.’S MOTION TO DISMISS AND ANTI-SLAPP MOTION TO STRIKE
CASE NO. 10-CV-3328-RS