Sledge et al v. Warner Music Group Corp.

Filing 86

STIPULATION AND ORDER TO SHORTEN TIME ON HEARING FOR PLAINTIFFS' UNOPPOSED MOTION FOR LEAVE TO WITHDRAW AS COUNSEL FOR PLAINTIFFS DEBRA SLEDGE, JOAN SLEDGE, AND KIM SLEDGE ALLEN. Motion Hearing set for 12/12/2013 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 12/9/13. (cl, COURT STAFF) (Filed on 12/9/2013) Modified on 12/9/2013 (cl, COURT STAFF).

1 Bruce L. Simon (Bar No. 96241)
PEARSON, SIMON & WARSHAW, LLP
2 44 Montgomery Street, Suite 2450
San Francisco, California 94104
3 Telephone: [phone]
Facsimile: [phone]
4 Email: [e-mail]
5 Attorneys for Plaintiffs and the Class
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO, CALIFORNIA 94104

PEARSON, SIMON & WARSHAW, LLP

44 MONTGOMERY STREET, SUITE 2450

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11 DEBRA SLEDGE, JOAN SLEDGE, KATHY
SLEDGE LIGHTFOOT, and KIM SLEDGE
12 ALLEN, jointly d/b/a “SISTER SLEDGE”;
RONEE BLAKLEY; and GARY WRIGHT,
13 on behalf of themselves and all others
similarly situated,
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Plaintiffs,
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vs.
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WARNER MUSIC GROUP CORP.,
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Defendant.
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CASE NO. CV 12-0559-RS
CLASS ACTION
JOINT STIPULATION AND [PROPOSED]
ORDER TO SHORTEN TIME ON
HEARING FOR PLAINTIFFS’
UNOPPOSED MOTION FOR LEAVE TO
WITHDRAW AS COUNSEL FOR
PLAINTIFFS DEBRA SLEDGE, JOAN
SLEDGE, AND KIM SLEDGE ALLEN
Judge: Hon. Richard Seeborg

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857153.2

CV 12-0559-RS
JOINT STIPULATION AND [PROPOSED] ORDER TO SHORTEN TIME

Plaintiffs and Defendant hereby enter the following Joint Stipulation and [Proposed] Order

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2 to Shorten Time on the Hearing for Plaintiffs’ Unopposed Motion for Leave to Withdraw as
3 Counsel for Plaintiffs Debra Sledge, Joan Sledge, and Kim Sledge Allen (“Motion to Withdraw”):
WHEREAS, Plaintiffs filed their unopposed Motion to Withdraw on December 5, 2013

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5 with a noticed hearing date of January 9, 2014 (Dkt. 82);
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WHEREAS, the parties do not expect any opposition or reply to the Motion to Withdraw;

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WHEREAS, on August 31, 2012, this Court granted a stay of the proceedings to allow the

8 parties to participate in settlement discussions, which stay has been extended through December
9 12, 2013;
WHEREAS, over the course of this time, the parties have diligently participated in

SAN FRANCISCO, CALIFORNIA 94104

PEARSON, SIMON & WARSHAW, LLP

44 MONTGOMERY STREET, SUITE 2450

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11 settlement negotiations, and while they have not reached a settlement at this juncture, the
12 negotiations are constructive and progress has been made. All parties are committed to continuing
13 the settlement discussions at this time;
WHEREAS, to the extent settlement can be reached, the parties would hope to obtain an

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15 order granting preliminary approval of any settlement by February 1, 2014, so that notice of the
16 settlement could be disseminated to class members with Defendant’s next mailing cycle of royalty
17 statements;
WHEREAS, to the extent settlement can be reached, failure to send notice in that mailing

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19 cycle could result in a delay of six months or more in providing notice to the class and cause
20 further delay;
WHEREAS, the Motion to Withdraw must be addressed by the Court before settlement

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22 can be reached or any motion for preliminary approval filed;
WHEREAS, this request for an order shortening time will not have a negative effect on the

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24 schedule for the case since this Court has stayed proceedings to allow the parties to participate in
25 settlement negotiations;
WHEREAS, there is already a Case Management Conference scheduled in this case for

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27 December 12, 2013, at 10:00 am.
PURSUANT TO CIVIL LOCAL RULE 6-2, THE PARTIES HEREBY STIPULATE that

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857153.2

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JOINT STIPULATION AND [PROPOSED] ORDER TO SHORTEN TIME

CV 12-0559-RS

1 the hearing, if any, on Plaintiffs’ unopposed Motion to Withdraw shall be heard on December 12,
2 2013, at 1:30 p.m.
IT IS SO STIPULATED.

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5 DATED: December 5, 2013

Respectfully Submitted,

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

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Interim Lead Counsel Representative for Plaintiffs

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SAN FRANCISCO, CALIFORNIA 94104

PEARSON, SIMON & WARSHAW, LLP

44 MONTGOMERY STREET, SUITE 2450

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11 DATED: December 5, 2013

Respectfully Submitted,

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

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Attorneys for Defendant Warner Music Group Corp.

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Filer’s Attestation

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I, Daniel L. Warshaw, am the ECF user whose identification and password are being used

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21 to file this JOINT STIPULATION AND [PROPOSED] ORDER TO SHORTEN TIME ON
22 HEARING FOR PLAINTIFFS’ UNOPPOSED MOTION FOR LEAVE TO WITHDRAW AS
23 COUNSEL FOR PLAINTIFFS DEBRA SLEDGE, JOAN SLEDGE, AND KIM SLEDGE
24 ALLEN. I hereby attest that the counsel listed above concur in this filing.
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26 DATED: December 5, 2013

/s/ Daniel L. Warshaw
Daniel L. Warshaw

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857153.2

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JOINT STIPULATION AND [PROPOSED] ORDER TO SHORTEN TIME

CV 12-0559-RS

1 PURSUANT TO STIPULATION, IT IS SO ORDERED.
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3 Dated: 12/9/13
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__________________________________________
Honorable Richard Seeborg
United States District Court Judge

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SAN FRANCISCO, CALIFORNIA 94104

PEARSON, SIMON & WARSHAW, LLP

44 MONTGOMERY STREET, SUITE 2450

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857153.2

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JOINT STIPULATION AND [PROPOSED] ORDER TO SHORTEN TIME

CV 12-0559-RS