Anthony Fredianelli v. Stephan Jenkins et al

Filing 231

ORDER Re Defendants' 230 Motion for Leave to File Second Motion for Summary Judgment. Signed by Judge Edward M. Chen on 4/12/2013. (emcsec, COURT STAFF) (Filed on 4/12/2013)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

NORTHERN DISTRICT OF CALIFORNIA

7
8

ANTHONY FREDIANELLI,

9

Plaintiff,
v.

11
For the Northern District of California

United States District Court

10

No. C-11-3232 EMC

STEPHAN JENKINS, et al.,

12

ORDER RE DEFENDANTS’ MOTION
FOR LEAVE TO FILE SECOND
MOTION FOR SUMMARY JUDGMENT

Defendants.
___________________________________/

(Docket No. 230)
13
14
15

The Court is in receipt of Defendants’ motion for leave to file a second motion for summary

16

judgment in this matter. See Docket No. 230. The Court hereby orders the parties to meet and

17

confer to prepare a joint letter to the Court of no longer than five pages, in which Defendants shall

18

summarize the contentions and evidence they would submit in such a second motion for summary

19

judgment and Plaintiff shall summarize the contentions and evidence he would submit in opposition

20

thereto. The parties shall submit this joint letter to the Court by no later than one week from the date

21

of this order.

22

In addition, the Court clarifies that the remaining claims based on Defendants’ failure to pay

23

Plaintiff a share of the net touring revenues are not limited to the period of March 2008 to August

24

2009, but rather span the length of Plaintiff’s alleged participation in a profit-sharing agreement with

25

Defendants. Although the Court’s order granting Defendants’ first motion for summary judgment

26

indicates that “breach of contract as to the agreement to pay net touring revenues for March 2008 to

27

August 2009 is an appropriate cause of action” based on evidence before it suggesting that Plaintiff

28

1

was not paid in full during this time period, it did not limit Plaintiff’s breach of contract or

2

accounting claims to this time period.

3
4

IT IS SO ORDERED.

5
6

Dated: April 12, 2013

7

_________________________
EDWARD M. CHEN
United States District Judge

8
9

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2