Jenkins et al v. Mandelbaum et al

Filing 55

STIPULATION AND ORDER ADVANCING STATUS FOR BOTH C11-0211 EMC and C11-3232 EMC cases re (119 in 3:11-cv-03232-EMC) Joint MOTION Advance Status Conferences (Hiscock Firm, Thomas Mandelbaum. Rawson Defendants, As Well As) filed by 3EB Tou ring, Inc., Stephen Jenkins Productions, Inc., EMI Blackwood Music, Inc., Third Eye Blind, Inc., Stephan Jenkins, Bradley Hargreaves, (54 in 3:11-cv-00211-EMC) Joint MOTION Administrative Relief to Advance Status Conferences in Jenkins v. M andelbaum and Fredianelli v. Jenkins; and Proposed Order filed by 3EB Touring Inc, Thomas Irving Mandelbaum, Stephan Jenkins Productions Inc, Hiscock & Barclay LLP, Third Eye Blind Inc, Selverne Mandelbaum & Mintz LLP, Stephan Jenkins Status Report due by 2/10/2012. Status Conference set for 2/17/2012 10:30 AM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 2/2/12. (bpf, COURT STAFF) (Filed on 2/2/2012)

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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]
Attorneys for Plaintiffs and Counter-Defendants
Stephan Jenkins, Third Eye Blind, Inc., 3EB
Touring, Inc. and Stephan Jenkins Productions, Inc.

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KENNETH M. LABBATE, ESQ. (admitted pro hac vice)
SANJIT SHAH, ESQ. (admitted pro hac vice)
DAVID A. NELSON, ESQ. (admitted pro hac vice)
MOUND, COTTON, WOLLAN & GREENGRASS

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JOSEPH M. RIMAC, ESQ. (SBN 072381)
WILLIAM REILLY, ESQ. (SBN 177550)
RIMAC & MARTIN, P.C.
1051 Divisadero Street
San Francisco, California 94115
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants Thomas I. Mandelbaum
and Selverne, Mandelbaum & Mintz, LLP

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JAMES A. MURPHY, ESQ. (SBN 062223)
HARLAN B. WATKINS, ESQ. (SBN 176458)
MURPHY, PEARSON, BRADLEY & FEENEY
88 Kearny Street, 10th Floor
San Francisco, CA 94108-5530
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant and Cross-Claimant
Hiscock & Barclay, LLP

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

JOINT MOTION FOR ADMINISTRATIVE RELIEF

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STEPHAN JENKINS, an individual; THIRD
EYE BLIND, INC., a California corporation;
3EB TOURING, INC., a California
corporation; and STEPHAN JENKINS
PRODUCTIONS, INC., a California
corporation,

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JOINT MOTION FOR
ADMINISTRATIVE RELIEF TO
ADVANCE STATUS CONFERENCES IN
JENKINS v. MANDELBAUM AND
FREDIANELLI v. JENKINS;

Plaintiffs,

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Case No.: CV-11-0211 EMC

[PROPOSED] ORDER

vs.

Date: February 7, 2012

THOMAS IRVING MANDELBAUM, an
individual; SELVERNE, MANDELBAUM &
MINTZ, LLP, a New York limited liability
partnership; HISCOCK & BARCLAY, LLP, a
New York limited liability partnership; and
DOES 1 through 500, inclusive,

Hon. Edward M. Chen, Presiding
(E-filing)
**and for Related Case C11-3232
EMC
Fredianelli v. Jenkins

Defendants.

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HISCOCK & BARCLAY, LLP, a New York
limited liability partnership,

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Counter-Claimant,

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vs.
STEPHAN JENKINS, an individual; THIRD
EYE BLIND, INC., a California corporation;
3EB TOURING, INC., a California
corporation; and STEPHAN JENKINS
PRODUCTIONS, INC., a California
corporation,
Counter-Defendants.

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COME NOW, the following Parties in United States District Court, Northern District of
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California, Case No. CV-11-0211 EMC, styled as Jenkins v. Mandelbaum case (hereinafter the
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“Jenkins Action”):
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1.

Plaintiffs and Cross-defendants Stephan Jenkins, Third Eye Blind, Inc., 3EB

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Touring, Inc., and Stephan Jenkins Productions, Inc. (collectively, “Plaintiffs”);
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2.

Defendants Thomas I. Mandelbaum and Selverne, Mandelbaum & Mintz, LLP

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(collectively, the “Mandelbaum Defendants”); and
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3.

Defendant and Counter-Claimant Hiscock & Barclay, LLP (the “Hiscock Firm”);

JOINT MOTION FOR ADMINISTRATIVE RELIEF

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and the following parties in United States District Court, Northern District of California, Case

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No. 3:11-CV-3232-EMC, styled as Fredianelli v. Jenkins (hereinafter the “Fredianelli Action”):

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Defendants Stephan Jenkins, Third Eye Blind, Inc., 3EB Touring, Inc., Stephan

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Jenkins Productions, Inc. and 3EB Publishing (collectively, the “Jenkins

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Defendants”);

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2.

Defendant Thomas I. Mandelbaum (“Mandelbaum”);

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3.

Defendant the Hiscock Firm;

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4.

Defendant David Rawson (“Rawson”);

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Defendant Zeisler, Zeisler, Rawson & Johnson, LLP (the “Rawson Firm”); and

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Defendant EMI Blackwood Music, Inc.

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and hereby jointly file this motion for administrative relief to advance the Status Conferences in

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the Jenkins Action and the Fredianelli Action from March 9, 2012 to February 17, 2012. The

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plaintiff in the Fredianelli Action, Anthony Fredianelli (“Fredianelli”), is not a party to this joint

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motion. Although attempts were made to obtain his stipulation to the relief requested, he has

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not been responsive to those requests; for that reason, a global stipulation is not possible.

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A.

BACKGROUND.

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The Jenkins Action was filed on December 2, 2010 in California state court and removed

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to this Court on January 13, 2011. The first Case Management Conference in the Jenkins Action

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was held on April 20, 2011. At that time, the Court set a trial date of August 13, 2012 and issued

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a Case Management and Pre-trial Order on April 22, 2011. A Status Conference was scheduled

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for August 10, 2011. In its scheduling order, the Court limited discovery and motion practice, as

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quoted below.

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Subsequently, the Fredianelli Action, which was originally filed on February 22, 2011 in

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the Central District of California, was transferred to this Court and assigned to the Honorable

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Edward M. Chen.

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The parties to both actions attended a two-day mediation with Hon. Scott Snowden (Ret.)
in July of 2011.

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JOINT MOTION FOR ADMINISTRATIVE RELIEF

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On August 3, 2011, the Court ordered a Status Conference in both actions set for

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November 7, 2011. On the request of all the parties, because of a pending additional mediation

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session, that Status Conference was continued to March 9, 2012.

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In the meantime, efforts continued to try to mediate the case and settle it. As noted

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above, mediation sessions were held on July 12 and 13, 2011. In August 2011, Fredianelli

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discharged the attorneys who had represented him during the July mediation sessions, and

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retained new counsel. Following that mediation, attempts were made to have a follow-up

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mediation in the Fredianelli Action, and the parties all reserved November 16, 2011 for an all

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day mediation session with retired Judge Snowden. Several days prior to the mediation,

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Fredianelli’s counsel advised that neither he, nor his client, would be appearing at the mediation,

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and that he would be filing a motion to withdraw shortly thereafter. The mediation was therefore

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cancelled. Subsequently, by motion filed on December 22, 2011, the attorneys whom Fredianelli

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retained in August 2011sought to withdraw; the Court granted that motion on January 23, 2012

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(see Docket Nos. 107-109, 115).

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On January 24, 2012, the Court issued Orders in the Jenkins Action that set the trial date

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for September 4, 2012, leaving the non-expert discovery cut-off date for March 26, 2012, as

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originally ordered by the Court in its April 22, 2011 Order.

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B.

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RELIEF REQUESTED.
The Court’s April 22, 2011 Case Management and Pre-trial Order in the Jenkins Action

states, in pertinent part:
“The parties shall complete early disclosures and exchange documents informally.
Parties may propound narrowly tailored written discovery necessary to prepare for
mediation. All other discovery (including depositions) shall be stayed pending
completion of mediation. Parties shall not file any motion(s) for summary judgment
before mediation is completed. Should mediation fail, any further discovery shall be
taken pursuant to further order of the Court.”
As a consequence of ongoing mediation and settlement discussions, the parties have not
conducted discovery and have not engaged in any motion practice. Given that situation, the
parties cannot reasonably comply with the existing March 26, 2012 non-expert discovery cut-off
date and other deadlines imposed by the Court’s January 24, 2012 Order in the Jenkins Action.

JOINT MOTION FOR ADMINISTRATIVE RELIEF

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Moreover, all parties to this joint motion agree that the Fredianelli Action must be

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disposed of before the Jenkins Action can be tried. The reason for this is simple: The outcome of

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the Fredianelli Action will significantly impact the amount of damages sought in the Jenkins

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Action.

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Accordingly, so that all these issues can be determined with all of the available parties

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present, and at a date earlier than the presently-set March 9, 2012 Status Conference, the parties

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hereto respectfully request that the March 9, 2012 Status Conference be advanced to

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February 17, 2012.

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As an additional reason for the requested date change is a scheduling conflict as to

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Richard J. Idell, counsel for Plaintiffs in the Jenkins Action, and Mitchell Greenberg,

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Mr. Jenkins’ counsel in the Fredianelli Action; the parties believe that it is important that lead

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trial counsel be present.

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IDELL & SEITEL LLP
Dated: February 1, 2012

By:

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/s/
Richard J. Idell
Ory Sandel
Attorneys for Plaintiffs and Counter-Defendants
Stephan Jenkins, Third Eye Blind, Inc., 3EB
Touring, Inc. and Stephan Jenkins Productions, Inc.

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MOUND, COTTON, WOLLAN & GREENGRASS

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Dated: February 1, 2012
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By:

/s/
Kenneth M. Labbate
Sanjit Shah
David A. Nelson

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Joseph M. Rimac
William Reilly
RIMAC & MARTIN, P.C.
1051 Divisadero Street
San Francisco, CA 94115
Attorneys for Defendants Thomas I. Mandelbaum
and Selverne, Mandelbaum, & Mintz, LLP

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JOINT MOTION FOR ADMINISTRATIVE RELIEF

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MURPHY, PEARSON, BRADLEY & FEENEY
Dated: February 1, 2012

By:

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/s/
James A. Murphy
Harlan B. Watkins
Attorneys for Defendant and Cross-Claimant
Hiscock & Barclay, LLC

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ATTESTATION OF CONCURRENCE
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I, Richard J. Idell, as the ECF user and filer of this document, attest that, pursuant to
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General Order No. 45(X)(B), concurrence in the filing of this document has been obtained from
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Sanjit Shah and James A. Murphy, the above signatories.
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IDELL & SEITEL LLP
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Dated: February 1, 2012

By:

/s/
Richard Idell
Ory Sandel
Attorneys for Plaintiffs and Counter-Defendants
Stephan Jenkins, Third Eye Blind, Inc., 3EB
Touring, Inc. and Stephan Jenkins Productions, Inc.

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JOINT MOTION FOR ADMINISTRATIVE RELIEF

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[PROPOSED] ORDER

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The Court, having reviewed the above joint motion, and having considered all of the

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papers filed thereon, and good cause appearing therefor,

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IT IS HEREBY ORDERED that the Status Conferences in the Jenkins Action and the
Fredianelli Action now scheduled for March 9, 2012 at 10:30 a.m. is hereby advanced to February 17
, 2012 at 10:30 a.m.

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DERED
SO OR ED
IT I
Hon. Edward M. Chen S
DIFI
AS MO Court
Judge of the United States District

Northern District of California
. Chen
dward M
Judge E

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2/2/12

NO

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Dated:

R NIA

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UNIT
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S DISTRICT
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SO ORDERED.

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JOINT MOTION FOR ADMINISTRATIVE RELIEF

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