James v. UMG Recordings, Inc.

Filing 43

ORDER CONTINUING MOTION (tf, COURT STAFF) (Filed on 8/25/2011)

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David M. Given (State Bar No. 142375)
[e-mail]
Nicholas A. Carlin (State Bar No.
112532)
[e-mail]
Alexander H. Tuzin (State Bar No.
267760)
[e-mail]
PHILLIPS, ERLEWINE & GIVEN LLP
50 California Street, 35th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: 415-398-0911

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Attorneys for Plaintiff

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Jeffrey D. Goldman (State Bar No. 155589)
[e-mail]
Ryan S. Mauck (State Bar No. 223173)
[e-mail]
Brian M. Yates (State Bar No. 241798)
[e-mail]
JEFFER MANGELS BUTLER & MITCHELL
LLP
1900 Avenue of the Stars, Seventh Floor
Los Angeles, California 90067-4308
Telephone: [phone]
Facsimile: 310-203-0567
Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RICK JAMES, by and through THE JAMES
AMBROSE JOHNSON, JR., 1999 TRUST, his
successor in interest, individually and on
behalf of all others similarly situated,

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Plaintiff,
vs.

Case No. CV 11-01613 SI
STIPULATION AND [PROPOSED]
ORDER CONTINUING HEARING
DATE
The Honorable Susan Illston

UMG RECORDINGS, INC., a Delaware
corporation,
Defendant.

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STIPULATION AND PROPOSED ORDER TO
CONTINUE HEARING DATE
CASE NO. CV 11-01613 SI

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Plaintiff in the above-captioned action and Defendant UMG Recordings, Inc. (“UMGR”),
by and through their counsel, hereby stipulate as follows:

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WHEREAS, Plaintiff in this case filed its complaint on April 1, 2011;

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WHEREAS, on June 1, 2011, the Court issued an Order relating the case entitled Rob

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Zombie et al. v. UMG Recordings, Inc., Case No. CV 11-02431 SI (the “Zombie Action”), to this

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case;

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WHEREAS, on June 10, 2011, UMGR filed in this case: (a) a Motion to Dismiss Action

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for Improper Venue or Transfer Action to Central District of California (“James Venue Motion”);

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and (b) a Motion to Dismiss Fourth Cause of Action for Violation of California Business &

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Professions Code § 17200 (“James Motion to Dismiss”);
WHEREAS, on July 8, 2011, UMGR filed in the Zombie Action: (a) a Motion to Dismiss

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Action for Improper Venue or Transfer Action to Central District of California (“Zombie Venue

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Motion”); and (b) a Motion to Dismiss Fourth Cause of Action for Violation of California

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Business & Professions Code § 17200 (“Zombie Motion to Dismiss”);

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WHEREAS, on July 27, 2011, The Tubes filed in the Zombie Action a Motion to
Intervene as Plaintiff and Additional Class Representative (“Motion to Intervene”);
WHEREAS, the James Venue Motion, James Motion to Dismiss, Zombie Venue Motion,
Zombie Motion to Dismiss, and Motion to Intervene have all been fully briefed;
WHEREAS, by notice dated August 18, 2011, the hearing on the Zombie Venue Motion,

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Zombie Motion to Dismiss, and Motion to Intervene was continued until September 2, 2011 at

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9:00 a.m. (Zombie Docket No. 25);

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WHEREAS, on August 19, 2011, the Court’s law clerk confirmed by email that the

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hearing on the James Venue Motion and James Motion to Dismiss was also continued until

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September 2, 2011 at 9:00 a.m., such that all pending motions in both actions are currently

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scheduled to be heard at that time;

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WHEREAS, due to prior-scheduled commitments, counsel are unavailable for a hearing

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on September 2, 2011 at 9:00 a.m., and the parties therefore wish to continue the hearing on all

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pending motions to the next hearing date that is available for the Court and the parties;
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STIPULATION AND PROPOSED ORDER TO
CONTINUE HEARING DATE
CASE NO. CV 11-01613 SI

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WHEREAS, due to prior-schedule commitments, counsel for the parties are unavailable
for a hearing on September 9, 2011 or September 16, 2011;
WHEREAS, the parties therefore jointly and respectfully request that the Court continue
the hearing on all pending motions until September 22, 2011 at 9:00 a.m.;

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WHEREAS, the purpose of this request is not for delay;

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WHEREAS, the requested continuance will not alter any other deadlines set by the Court;

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WHEREAS, concurrent with the filing of this stipulation, the parties in the Zombie Action

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are filing a similar request to continue the hearing on the motions pending in that case (i.e., the

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Zombie Venue Motion, Zombie Motion to Dismiss, and Motion to Intervene) to the same hearing

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date, September 22, 2011 at 9:00 a.m.;

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IT IS HEREBY STIPULATED THAT:

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The parties respectfully request that the hearing on the pending James Venue

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Motion and James Motion to Dismiss be continued from September 2, 2011 until September 22,

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2011 at 9:00 a.m.

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IT IS SO STIPULATED.

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Dated: August 22, 2011

PHILLIPS, ERLEWINE & GIVEN LLP
DAVID M. GIVEN
NICHOLAS A. CARLIN
ALEXANDER H. TUZIN

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By:

/s/ David M. Given
David M. Given

Counsel for Plaintiff Rick James et al.

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STIPULATION AND PROPOSED ORDER TO
CONTINUE HEARING DATE
CASE NO. CV 11-01613 SI

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Dated: August 22, 2011

JEFFER MANGELS BUTLER & MITCHELL
LLP
JEFFREY D. GOLDMAN
RYAN S. MAUCK
BRIAN M. YATES

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By:
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/s/ Jeffrey D. Goldman
Jeffrey D. Goldman

Counsel for Defendant UMG Recordings, Inc.

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I, Roger N. Heller, am the ECF User whose ID and password are being used to file this

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document. In compliance with General Order 45, section X.B., I hereby attest that concurrence in

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the filing of the document has been obtained from each of the other signatories.

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By:

/s/ Roger N. Heller

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STIPULATION AND PROPOSED ORDER TO
CONTINUE HEARING DATE
CASE NO. CV 11-01613 SI

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[PROPOSED] ORDER

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IT IS HEREBY ORDERED, pursuant to the Stipulation between the parties, that:

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The hearing on the pending James Venue Motion and James Motion to Dismiss is

continued until September 22, 2011 at 9:00 a.m.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED:

8/25/11

_________________________________
The Honorable Susan Illston
United States District Judge

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934737.1

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-5-

STIPULATION AND PROPOSED ORDER TO
CONTINUE HEARING DATE
CASE NO. CV 11-01613 SI

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David M. Given (State Bar No. 142375)
[e-mail]
Nicholas A. Carlin (State Bar No.
112532)
[e-mail]
Alexander H. Tuzin (State Bar No.
267760)
[e-mail]
PHILLIPS, ERLEWINE & GIVEN LLP
50 California Street, 35th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: 415-398-0911

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Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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RICK JAMES, by and through THE JAMES
AMBROSE JOHNSON, JR., 1999 TRUST, his
successor in interest, individually and on
behalf of all others similarly situated,
Plaintiff,

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DECLARATION OF DAVID M. GIVEN
IN SUPPORT OF STIPULATION AND
[PROPOSED] ORDER CONTINUING
HEARING DATE

vs.

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Case No. CV 11-01613 SI

UMG RECORDINGS, INC., a Delaware
corporation,

The Honorable Susan Illston
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Defendant.
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DECLARATION OF DAVID M. GIVEN
CASE NO. CV 11-01613 SI

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I, David M. Given, declare as follows:

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I am admitted to practice before this Court and am an attorney at Phillips, Erlewine

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& Given LLP, counsel for Plaintiff in the above-captioned action. I submit this declaration in

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support of the parties’ Stipulation and [Proposed] Order Continuing Hearing Date. The facts set

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forth herein are based upon personal knowledge.

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2.

By notice dated August 18, 2011, the hearing on the pending Zombie Venue

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Motion, Zombie Motion to Dismiss, and Motion to Intervene was continued until September 2,

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2011 at 9:00 a.m. (Zombie Docket No. 25).

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3.

On August 19, 2011, the Court’s law clerk confirmed by email that the hearing on

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the pending James Venue Motion and James Motion to Dismiss was also continued until

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September 2, 2011 at 9:00 a.m., such that all pending motions in both actions are currently

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scheduled to be heard at that time.

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4.

Due to prior-scheduled commitments, counsel are unavailable for a hearing on

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September 2, 2011 at 9:00 a.m., and the parties therefore wish to continue the hearing on all

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pending motions to the next hearing date that is available for the Court and the parties. Due to

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prior-schedule commitments, counsel for the parties are unavailable for a hearing on September 9,

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2011 or September 16, 2011. The parties therefore jointly and respectfully request that the Court

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continue the hearing on all pending motions until September 22, 2011 at 9:00 a.m.

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5.

The parties previously requested the following time modifications in this case: (a)

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Stipulation To Extend Time To File Answer Or Other Response To Plaintiff’s Complaint, filed

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May 5, 2011 (James Docket No. 12); (b) Second Stipulation To Extend Time To File Answer Or

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Other Response To Plaintiff’s Complaint, filed June 3, 2011 (James Docket No. 20); and (c)

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Stipulation To Continue Hearing Date And Amend Briefing Schedule On Defendant UMG

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Recordings, Inc.’s Pending Motions To Dismiss And Transfer, filed June 23, 2011 (James Docket

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No. 27), which the Court granted by Order dated June 28, 2011 (James Docket No. 30).

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The purpose of the requested continuance is not delay. The requested continuance

will not alter any other deadlines set by the Court.

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DECLARATION OF DAVID M. GIVEN
CASE NO. CV 11-01613 SI

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I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct.

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Executed this 22nd day of August 2011 at San Francisco, California.

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__/s/ David M. Given________

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David M. Given

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I, Roger N. Heller, am the ECF User whose ID and password are being used to file this

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document. In compliance with General Order 45, section X.B., I hereby attest that concurrence in

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the filing of the document has been obtained from each of the other signatories.

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By:

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/s/ Roger N. Heller

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934744.1

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DECLARATION OF DAVID M. GIVEN
CASE NO. CV 11-01613 SI