Sledge et al v. Warner Music Group Corp.

Filing 74

JOINT STATEMENT/STIPULATION AND SCHEDULING ORDER. Signed by Judge Richard Seeborg on 6/19/13. (cl, COURT STAFF) (Filed on 6/19/2013)

1
2
3
4
5
6
7

MUNGER, TOLLES & OLSON LLP
GLENN POMERANTZ (SBN 112503)
TAMERLIN GODLEY (SBN 194507)
MELINDA E. LEMOINE (SBN 235670)
ANJAN CHOUDHURY (SBN 236039)
[e-mail]
[e-mail]
[e-mail]
[e-mail]
355 South Grand Avenue
Thirty-Fifth Floor
Los Angeles, CA 90071-1560
Telephone:
[phone]
Facsimile:
[phone]

8
9

Attorneys for Defendant
WARNER MUSIC GROUP CORP.

10
UNITED STATES DISTRICT COURT
11
NORTHERN DISTRICT OF CALIFORNIA
12
SAN FRANCISCO DIVISION
13
14
15
16
17

DEBRA SLEDGE, JOAN SLEDGE,
KATHY SLEDGE LIGHTFOOT and KIM
SLEDGE ALLEN, jointly d/b/a “SISTER
SLEDGE”; RONEE BLAKLEY; and
GARY WRIGHT, on behalf of themselves
and all others similarly situated,

CASE NO. 12-CV-0559-RS
JOINT STATEMENT/STIPULATION AND
[PROPOSED] SCHEDULING ORDER
Judge:

Hon. Richard Seeborg

Plaintiffs,

18
19

v.

20

WARNER MUSIC GROUP CORP.,
Defendant.

21
22
23
24
25
26
27
28
20995285.1

JOINT STIPULATION
AND [PROPOSED] ORDER
CASE NO. 12-CV-0559-RS

1
2
3

Plaintiffs in the above captioned consolidated action and Defendant Warner Music Group
Corp. (“WMG”) together submit this joint statement/stipulation.
On August 31, 2012, this Court granted a stay of the proceedings to allow the parties to

4

participate in settlement discussions and set a further status conference on March 14, 2013. Over

5

the course of those six months, the parties diligently participated in settlement negotiations. They

6

exchanged information and analysis to facilitate the negotiations. They participated in two full

7

day mediation sessions with the Honorable Daniel Weinstein (Ret.), and they held additional

8

phone conferences with and without the mediator.

9

On February 28, 2013, and April 18, 2013, pursuant to the Court’s stay orders, the parties

10

made further joint filings with the Court reporting on the status of the negotiations and requesting

11

that the case remained stayed because of the ongoing talks. The Court extended the stay each

12

time, setting the current Case Management Conference for June 27, 2013 and asking the parties to

13

make a joint filing regarding the status of the negotiations on or before June 13, 2013. Like the

14

previous orders, the Court’s most recent stay order provided that if, at the time of the filing of the

15

joint statement the parties agreed that further settlement discussions would be fruitful, they could

16

seek additional time for further negotiations. Stay Order at 3.

17

The parties have continued to diligently pursue settlement negotiations. In particular, the

18

parties have participated in numerous phone conferences and a third in-person settlement meeting

19

with the mediator on May 24, 2013. Thereafter, the parties have continued their discussions by

20

phone and email, which discussions are ongoing. While the parties have not reached a settlement

21

at this juncture, the negotiations are constructive and progress has been made. All parties are

22

committed to continuing the settlement discussions at this time.

23

For these reasons, the parties jointly file this statement/stipulation to inform the Court that

24

they believe further settlement discussions would be fruitful and to seek additional time for

25

continued negotiations. Specifically, the parties hereby agree and stipulate, subject to the

26

approval of the Court, to the following:

27

1. A further Case Management Conference to be set in 60 days, subject to the

28

schedule of the Court; and
20995285.1

-2-

JOINT STIPULATION
AND [PROPOSED] ORDER
CASE NO. 12-CV-0559-RS

1

2. Fourteen days before the Case Management Conference—or before that date if

2

Plaintiffs and/or WMG believe that settlement cannot be reached—the parties shall

3

file a joint statement/stipulation with the Court alerting the Court to the fact that

4

settlement could not be reached and resetting a schedule for WMG’s response to

5

the Amended Complaint (which deadline for WMG’s response shall be no sooner

6

than 30 days from the date of the joint statement) and subsequent dates and

7

deadlines. In the alternative, if the parties agree that further settlement discussions

8

would be fruitful, the parties can instead file a joint statement/stipulation seeking

9

additional time for further settlement negotiations.

10
11

Dated: June 13, 2013

Respectfully Submitted,

12
By:

13
14

/s/ Tamerlin J. Godley
Tamerlin J. Godley
MUNGER, TOLLES & OLSON LLP

Attorneys for Defendant
Warner Music Group Corp.

15
16
Dated: June 13, 2013

Respectfully Submitted,

17
18
By:

20

/s/ Daniel L. Warshaw
Daniel L. Warshaw
PEARSON, SIMON & WARSHAW, LLP

21

Interim Lead Counsel Representative for Plaintiffs*

19

22
23
24
25

* A complete list of the attorneys for Plaintiffs is attached to the Amended Complaint.

26
27
28
20995285.1

-3-

JOINT STIPULATION
AND [PROPOSED] ORDER
CASE NO. 12-CV-0559-RS

1
2

Filer’s Attestation

3

I, Tamerlin J. Godley, am the ECF user whose identification and password are being used

4

to file this JOINT STATEMENT/STIPULATION AND [PROPOSED] SCHEDULING ORDER.

5

I hereby attest that the counsel listed above concur in this filing.

6
Dated: June 13, 2013
7

/s/ Tamerlin J. Godley
Tamerlin J. Godley

______

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
20995285.1

-4-

JOINT STIPULATION
AND [PROPOSED] ORDER
CASE NO. 12-CV-0559-RS

1

PURSUANT TO THIS STIPULATION, IT IS SO ORDERED.

2
3
4

Dated: 6/19/13

5

________________________________
Honorable Richard Seeborg
U.S. District Judge

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
20995285.1

-5-

JOINT STIPULATION
AND [PROPOSED] ORDER
CASE NO. 12-CV-0559-RS