Quirk v. Sony Pictures Entertainment Inc. et al

Filing 83

STIPULATION AND ORDER TO PERMIT PLAINTIFF TO FILE A FIFTH AMENDED COMPLAINT TO ADD DEFENDANT KOEPPS LOAN-OUT COMPANY AS A DEFENDANT. Signed by Judge Richard Seeborg on 11/28/12. (cl, COURT STAFF) (Filed on 11/28/2012)

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JEFFREY T. MAKOFF (SBN 120004)
HEATHER A. LANDIS (SBN 267615)
MARIO R. NICHOLAS (SBN 273122)
VALLE MAKOFF LLP
2 Embarcadero Center, Suite 2370
San Francisco, California 94111
Telephone: [phone]
Facsimile:
[phone]
Email:
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff
Joe Quirk
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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Plaintiff,
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vs.
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SONY PICTURES ENTERTAINMENT )
INC., et al.,
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Defendants. )
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JOE QUIRK,

Case No. 3:11-CV-03773 RS
STIPULATION AND [PROPOSED]
ORDER TO PERMIT PLAINTIFF TO
FILE A FIFTH AMENDED
COMPLAINT TO ADD DEFENDANT
KOEPP’S “LOAN-OUT COMPANY”
AS A DEFENDANT
[L.R. 6-1(b)]
Trial Date: March 25, 2013
Fourth Amended Complaint Filed: 8/2/12

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STIPULATION AND [PROPOSED] ORDER TO PERMIT PLAINTIFF TO FILE A
FIFTH AMENDED COMPLAINT TO ADD DEFENDANT KOEPP’S “LOAN-OUT
COMPANY” AS A DEFENDANT [L.R. 6-1(b)]; CASE NO. 3:11-CV-03773 RS

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Pursuant to Northern District of California Local Rule 6-1(b), plaintiff Joe Quirk

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(“plaintiff”) and defendants Sony Pictures Entertainment Inc. (“Sony”), Columbia Pictures

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Industries, Inc. (“Columbia”), Pariah, David Koepp and John Kamps (collectively,

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“defendants”) (plaintiff and defendants together, “stipulating parties”), by and through their

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undersigned attorneys, hereby stipulate as follows:

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STIPULATION
A.

WHEREAS, plaintiff intends to file a Fifth Amended Complaint to add

defendant, DGK, Inc., defendant Koepp’s “loan-out company,” to all claims for relief in the
above-entitled action based upon information obtained in discovery;
B.

WHEREAS, while defendants deny that there is any basis for any of the

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claims against any defendants, including the loan-out company, defendants have agreed to

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permit plaintiff to file his Fifth Amended Complaint and to add DGK, Inc. as a defendant to

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all claims for relief alleged in the Complaint, on the terms and conditions described below;

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IT IS HEREBY STIPULATED:

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1.

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Plaintiff may file his Fifth Amended Complaint to add defendant DGK, Inc.

as a defendant to all claims for relief alleged in the Complaint;
2.

Discovery shall not reopen, and no new additional discovery shall be taken,

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other than the newly added party making disclosures under Federal Rule of Civil Procedure

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26, and any expert discovery that is timely as of the date of the filing of the Fifth Amended

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Complaint;

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3.

The filing of the Fifth Amended Complaint shall not affect the pending

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motion for summary judgment filed by defendants, or any future motion for summary

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judgment that may be filed (any order on the pending or any future motion for summary

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judgment relating to defendant Koepp shall also apply to DGK, Inc.); and

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4.

Defendants’ counsel of record has agreed to accept service of the Fifth

Amended Complaint on behalf of defendant DGK, Inc. by electronic mail; and

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STIPULATION AND [PROPOSED] ORDER TO PERMIT PLAINTIFF TO FILE A
FIFTH AMENDED COMPLAINT TO ADD DEFENDANT KOEPP’S “LOAN-OUT
COMPANY” AS A DEFENDANT [L.R. 6-1(b)]; CASE NO. 3:11-CV-03773 RS

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5.

No deadlines in this case shall be affected by the filing of the Fifth Amended

Complaint.
IT IS SO STIPULATED.

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Dated: November 28, 2012.

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VALLE MAKOFF LLP
By: /s/ Heather A. Landis
Heather A. Landis
Attorneys for Plaintiff
Joe Quirk

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Dated: November 28, 2012.

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CALDWELL LESLIE & PROCTOR, PC
By: /s/ Andrew Esbenshade
Andrew Esbenshade
Attorneys for Defendants
Sony Pictures Entertainment Inc.; Columbia
Pictures Industries, Inc.; Pariah; David Koepp;
and John Kamps

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: __________, 2012
11/28

____________________________________
HONORABLE RICHARD SEEBORG
District Court Judge

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STIPULATION AND [PROPOSED] ORDER TO PERMIT PLAINTIFF TO FILE A
FIFTH AMENDED COMPLAINT TO ADD DEFENDANT KOEPP’S “LOAN-OUT
COMPANY” AS A DEFENDANT [L.R. 6-1(b)]; CASE NO. 3:11-CV-03773 RS