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)

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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

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