Davis v. Electronic Arts, Inc.

Filing 97

STIPULATION AND ORDER RE BRIEFING SCHEDULE AND HEARING DATE ON DEFENDANT ELECTRONIC ARTS INC.'S MOTION TO STRIKE AND MOTION TO DISMISS. Motion Hearing set for 1/26/2012 01:30 PM in Courtroom 3, 17th Floor, San Fracisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 11/22/11. (cl, COURT STAFF) (Filed on 11/22/2011)

*E-Filed 11/22/11*
1 BRIAN D. HENRI (State Bar No. 200205)
[e-mail]
2 MATTHEW W. MESKELL (State Bar No. 208263)
[e-mail]
3 W. PAUL SCHUCK (State Bar No. 203717)
[e-mail]
4 THOMAS WHITELAW LLP
Three Embarcadero Center, Suite 1350
5 San Francisco, California 94111-4037
Telephone:
[phone]
[phone]
6 Facsimile:
7 JOSEPH E. THOMAS (State Bar No. 101443)
[e-mail]
8 MICHAEL I. KATZ (State Bar No. 181728)
[e-mail]
9 THOMAS WHITELAW LLP
18101 Von Karman Avenue, Suite 230
10 Irvine, California 92612
Telephone:
[phone]
[phone]
11 Facsimile:
12 AUSTIN TIGHE (admitted pro hac vice)
[e-mail]
13 FEAZELL & TIGHE LLP
6618 Sitio Del Rio Boulevard
14 Building C-101
Austin, Texas 78730
[phone]
15 Telephone:
Facsimile:
[phone]
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Attorneys for Plaintiffs
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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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CASE NO. 10-cv-3328 RS (DMR)
MICHAEL E. DAVIS, aka TONY DAVIS,
21 VINCE FERRAGAMO, and BILLY JOE
DUPREE, on behalf of themselves and all
STIPULATION AND [PROPOSED]
ORDER RE BRIEFING SCHEDULE AND
22 others similarly situated,
HEARING DATE ON DEFENDANT
Plaintiffs,
ELECTRONIC ARTS INC.’S MOTION
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TO STRIKE PURSUANT TO C.C.P. §
vs.
425.16 AND MOTION TO DISMISS
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25 ELECTRONIC ARTS INC.,
Defendant.

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128794

Case No. CV-10-3328 RS (DMR)
STIPULATION & [PROPOSED] ORDER RE BRIEFING SCHEDULE ON
EA’S MOTION TO STRIKE & MOTION TO DISMISS

Pursuant to Civil Local Rule 6-2, the parties hereby submit this Stipulated Request for an

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2 Order regarding the briefing schedule and the hearing date on defendant Electronic Arts Inc.’s
3 (“EA”) Motion to Strike Pursuant to C.C.P. § 425.16 (Docket No. 62) (“Anti-SLAPP motion”)
4 and EA’s Motion to Dismiss (Docket No. 63) (collectively, “EA’s Motions”).
WHEREAS, on January 6, 2011, EA filed its original motion to dismiss and motion strike

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6 (Docket No. 20), which was set for hearing February 24, 2011, and re-filed the motions on June 9,
7 2011 (Doc. Nos. 62 and 63);
WHEREAS, on February 1, 2011, plaintiffs Michael E. Davis, Vince Ferragamo, and Billy

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9 Joe Dupree (collectively “Plaintiffs”) served written discovery on EA;
WHEREAS, the parties have had disputes regarding discovery for EA’s Motions, and the

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11 briefing and hearing have been postponed on several occasions to permit resolution of discovery
12 disputes (See, e.g., Docket Nos. 35, 57, & 78);
WHEREAS, at the Further Case Management Conference on October 27, 2011, the Court

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14 set the hearing on EA’s Motions for December 15, 2011 to allow the parties to address further
15 discovery issues with Magistrate Judge Ryu (see Docket No. 87), which would have made
16 Plaintiffs’ opposition briefs due November 28 and EA’s reply briefs due December 5;
WHEREAS, after a discovery hearing before Magistrate Judge Ryu on November 16, the

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18 Court issued an Order requiring EA to produce further discovery (Docket No. 92);
WHEREAS, EA expects that it will complete production of the discovery by December 8,

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20 2011, which therefore will require an adjustment to the briefing and hearing schedule in order to
21 provide Plaintiffs adequate time to review and consider EA’s supplemental discovery responses;
WHEREAS, under the Civil Local Rules, Plaintiffs are entitled to file two 25-page

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23 oppositions (one for each motion) totaling 50 pages, and EA is entitled to file two 15-page replies;
WHEREAS, the Plaintiffs believe that the issues of EA’s Motions can be addressed more

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25 efficiently with a single, 35-page opposition and a single, 20-page reply, and EA does not oppose
26 Plaintiffs’ request;
THEREFORE, the parties, by and through their undersigned counsel, hereby stipulate and

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128794

Case No. CV-10-3328 RS (DMR)
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STIPULATION & [PROPOSED] ORDER RE BRIEFING SCHEDULE ON
EA’S MOTION TO STRIKE & MOTION TO DISMISS

1 respectfully request as follows:
STIPULATION

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1.

The briefing schedule on EA’s Anti-SLAPP Motion and Motion to Dismiss

4 (Docket Nos. 62 & 63), which were filed June 9, 2011, shall be as follows:
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i)

Plaintiffs opposition shall be filed no later than January 5, 2012;

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ii)

EA’s reply brief shall be filed no later than January 19, 2012; and

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iii)

The hearing on the EA’s Anti-SLAPP Motion and Motion to Dismiss shall be on

8 January 26, 2012, at 1:30 p.m., or as soon thereafter as is practical for the Court.
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2.

Plaintiffs shall submit a single opposition to both the Anti-SLAPP Motion and

10 Motion to Dismiss of no more than 35 pages. EA shall submit a single reply brief of no more than
11 20 pages.
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Both parties agree to the stipulation as indicated by their signatures below. The parties

13 respectfully request that the Court approve the stipulation. A proposed Order is filed herewith.
14 Dated: November 21, 2011

THOMAS WHITELAW LLP

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By:
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Dated: November 21, 2011

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

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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Pursuant to General Order No. 45, Section 10(b), the efiler of this stipulation, hereby

28 attests that R. James Slaughter concurs in the efiling of this stipulation.
128794
Case No. CV-10-3328 RS (DMR)
2
STIPULATION & [PROPOSED] ORDER RE BRIEFING SCHEDULE ON
EA’S MOTION TO STRIKE & MOTION TO DISMISS

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[PROPOSED] ORDER
The Court, having considered the above joint request and good cause appearing therefore,

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3 HEREBY ORDERS as follows:
The following schedule shall apply to EA’s pending Anti-SLAPP Motion and Motion to

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5 Dismiss (Docket Nos. 62 & 63):
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iv)

Plaintiffs opposition shall be filed no later than January 5, 2012;

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v)

EA’s reply brief shall be filed no later than January 19, 2012; and

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vi)

The hearing on the EA’s Anti-SLAPP Motion and Motion to Dismiss shall

9 be on January 26, 2012, at 1:30 p.m.
Plaintiffs shall submit a single opposition to both the Anti-SLAPP Motion and Motion to

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11 Dismiss of no more than 35 pages. EA shall submit a single reply brief of no more than 20 pages.
PURSUANT TO THE PARTIES’ STIPULATION, IT IS SO ORDERED.

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14 Dated:

11/22

, 2011

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______________________________________
THE HONORABLE RICHARD SEEBORG

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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128794

Case No. CV-10-3328 RS (DMR)
3
STIPULATION & [PROPOSED] ORDER RE BRIEFING SCHEDULE ON
EA’S MOTION TO STRIKE & MOTION TO DISMISS