Ysaye Barnwell et al v. Musical Kidz, LLC et al

Filing 27

STIPULATION AND ORDER SETTING TIME TO RESPOND TO INITIAL COMPLAINT. Responsive pleading due on or before 12/15/10. Signed by Judge Joseph C. Spero on 11/10/10. (klh, COURT STAFF) (Filed on 11/10/2010)

Ysaye Barnwell et al v. Musical Kidz, LLC et al

Doc. 27

Case3:10-cv-04119-JCS Document25

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1 Kenneth D. Freundlich (SBN119806) 2 16133 Ventura Blvd. Suite 1270 3 P: [phone]

FREUNDLICH LAW Encino, CA 91436 F: [phone]

4 E-Mail: [e-mail] 5 Attorneys for Plaintiffs

6 erroneously sued as a dissolved California corp.), For Future Generations, Inc. and Leib 7 8 9 10 11

Musical Kidz, LLC itself and doing business as Music For Little People (which was Ostrow

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

YSAYE BARNWELL, an individual; Case No. C 10-04119 JCS AISHA KAHILL, an individual; CAROL 12 MAILLARD, an individual; NITANJU B. Transferred from Central District Case No. CV10-1614 MMM (JCx) 13 CASSEL, an individual; and LOUISE ROBINSON, an individual, collectively 14 p/k/a/ "SWEET HONEY IN THE ROCK",
15 16

Plaintiffs, vs.

STIPULATION SETTING TIME TO RESPOND TO INITIAL COMPLAINT

17 MUSICAL KIDZ, LLC, a California

limited liability company; FOR FUTURE (L.R. 6-1 (a)) 18 GENERATIONS, INC. , a dissolved California corp.; MUSIC FOR LITTLE 19 PEOPLE, a dissolved California corp,; TRUDY CORPORATION, a Connecticut 20 Corp., and LEIB OSTROW, an individual; and DOES 1 through 50, inclusive,
21 22 23 24 25 26 27 28 1
SECOND STIPULATION RE TIME TO RESPOND TO COMPLAINT
Dockets.Justia.com

Defendants.

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WHEREAS, on September 7, 2010, the United States District Court for the Central

2 District of California, the Honorable Margaret M. Morrow, granted the motion of 3 Defendants Musical Kidz, LLC, For Future Generations, Inc., Music For Little People, and 4 Leib Ostrow (the "Served Defendants") to transfer the venue of this action to the United 5 States District Court for the Northern District of California; and 6

WHEREAS, on September 14, 2010, the Complaint in this action was listed as being

7 filed in the United States District Court for the Northern District of California; and 8

WHEREAS, the parties are engaged in good faith settlement talks to try to resolve

9 all extant issues resulting in a dismissal with prejudice of this entire action; and 10

WHEREAS, the parties have an agreement to settle this matter in principle and have

11 exchanged a draft settlement agreement and are hopeful that this matter will be completely 12 resolved in short order (there have been delays because of the number of parties and the 13 diffuse location of these parties); 14

WHEREAS, this Court has set the last day to file the Rule 26 (f) Report in this case

15 for December 31, 2010 and the Initial Case Management Conference for January 7, 2011. 16 Therefore, according to Local rule 6-1 the parties may stipulate without Court order to this 17 extension; and 18

WHEREAS, to facilitate settlement, the Served Defendants and Plaintiffs have

19 agreed to extend all of the Served Defendants time to respond to the Complaint until on or 20 before December 15, 2010. 21

NOW THEREFORE, Plaintiffs and the Served Defendants, by and through their

22 respective counsel of record hereby stipulate and agree as follows: 23 24 25 26 27 28 2
SECOND STIPULATION RE TIME TO RESPOND TO COMPLAINT

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The Served Defendants time to plead in response to the initial complaint shall be

2 extended so that the Served Defendants' responsive pleading will now be due on or before 3 December 15, 2010. 4 IT IS SO STIPULATED. 5 Dated: November 4, 2010 6 7 8 9 10 11 12 13
UNIT ED

LAW OFFICE OF REGINALD K. BROWN Reginald K. Brown

_________________ _________________

By: /s/ Reginald K. Brown Attorneys for Plaintiffs Ysaye Barnwell, Aisha Kahill, Hitanju B. Cassel and Louise Robinson, collectively p/k/a/ "Sweet Honey In The Rock" FREUNDLICH LAW Kenneth D. Freundlich

Dated: November 4, 2010
ISTRIC ES D TC AT T

14 15 16 17 18 19

Dated: Nov. 10, 2010

RT U O

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F D IS T IC T O R

I e-mailed Reginald K. Brown, Esq. on November 4, 2010 and e-mailed me back

20 instructing me to affix his name with "/x/" on this document to indicate his agreement with 21 the foregoing. 22 23 24 25 26 27 28 3
SECOND STIPULATION RE TIME TO RESPOND TO COMPLAINT

Dated: November 4, 2010

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By:

: Kenneth D. Freundlich Attorneys for Defendants Musical Kidz, LLC itself and doing business as Music For Little People (which was erroneously sued as a dissolved California corp.), For Future Generations, Inc. and Leib Ostrow

NO

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FREUNDLICH LAW Kenneth D. Freundlich

By:

: Kenneth D. Freundlich Attorneys for Defendants Musical Kidz, LLC itself and doing business as Music For Little People (which was erroneously sued as a dissolved California corp.), For Future Generations, Inc. and Leib Ostrow

Case3:10-cv-04119-JCS Document25

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1 2 3 PROOF OF SERVICE

I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is 16133 Ventura Blvd. Suite 1270, 4 Encino, CA 91436. On November 4, 2010, I served the within document(s) described as: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 x SECOND STIPULATION RE: TIME TO RESPOND TO COMPLAINT AND [PROPOSED] ORDER on the interested parties in this action as stated on the attached service list. (BY MAIL) By placing a true copy of the foregoing document(s) in a sealed envelope addressed as set forth on the attached mailing list. I am readily familiar with this firm's practice for collection and processing of correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing contained in affidavit. (BY PERSONAL SERVICE) By placing a true copy of the foregoing document(s) in a sealed envelope addressed as set forth on the attached mailing list and delivering it personally to the addresses listed on the attached service list. (BY FAX) By transmitting a true copy of the foregoing document(s) via facsimile transmission from this firm's facsimile machine, to each interested party at the facsimile machine telephone number(s) set forth on the attached mailing list. Said transmission(s) were completed on the aforesaid date at the time stated on the transmission record issued by this firm's sending facsimile machine. Each such transmission was reported as complete and without error and a transmission report was properly issued by this firm's sending facsimile machine for each interested party served. A true copy of each transmission report is attached to the office copy of this proof of service and will be provided upon request. (BY E-MAIL) By transmitting a true copy of the foregoing document(s) to the e-mail addresses set forth on the attached mailing list.

I declare under penalty of perjury under the laws of the State of California that the 20 foregoing is true and correct. 21 22 23 24 25 26 27 28 4
SECOND STIPULATION RE TIME TO RESPOND TO COMPLAINT

Executed on November 4, 2010, at Beverly Hills, California. Kenneth D. Freundlich (Type or print name) /s/ (Signature)

Case3:10-cv-04119-JCS Document25

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Reginald K. Brown Law Office of Reginald K. Brown 6080 Center Drive, 6th Floor Los Angeles, CA 90045 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail]

SERVICE LIST

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SECOND STIPULATION RE TIME TO RESPOND TO COMPLAINT