Minden Pictures, Inc. v. John Wiley & Sons, Inc.

Filing 55

ORDER EXTENDING DEADLINE TO COMPLETE SETTLEMENT CONFERENCE AND RESETTING CMC re 54 Joint Case Management Statement filed by Minden Pictures, Inc. Case Management Statement due by 1/9/2014. Further Case Management Conference set for 1/16/2014 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 6/27/13. (bpf, COURT STAFF) (Filed on 6/28/2013) Modified on 6/28/2013 (bpf, COURT STAFF).

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Christopher Seidman (SBN 98884)
Harmon & Seidman LLC
101 South Third Street, Suite 265
Grand Junction, Colorado 81501
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]

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Robert W. Crockett (SBN 79918)
Harmon & Seidman LLC
33 Spindrift Passage
Corte Madera, California 94925
Tel: [phone]
E-mail: [e-mail]

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Attorneys for Plaintiff Minden Pictures, Inc.

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Steven D. Zansberg (SBN 177528)
Christopher P. Beall (admitted pro hac vice)
Michael Beylkin (admitted pro hac vice)
Levine Sullivan Koch & Schulz, LLP
1888 Sherman Street, Suite 370
Denver, Colorado 80203
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
[e-mail]
[e-mail]

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Attorneys for Defendant John Wiley & Sons, Inc.

UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MINDEN PICTURES, INC.,
Plaintiff,

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v.

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JOHN WILEY & SONS, INC.,

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Defendant.
__________________________________

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Case No. C12-04601 EMC
JOINT REQUEST FOR EXTENSION OF
DEADLINE FOR COMPLETING
SETTLEMENT CONFERENCE
ORDER EXTENDING DEADLINE TO COMPLETE
SETTLEMENT CONFERENCE AND RESETTING CMC

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Plaintiff Minden Pictures, Inc. (“Minden”) and Defendant John Wiley & Sons, Inc.

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(“Wiley”) jointly request that the Court extend the deadline for completing a settlement conference

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in this case. The background to this joint request is as follows:

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JOINT REQUEST FOR EXTENSION OF DEADLINE
FOR COMPLETING SETTLEMENT CONFERENCE

CASE NO. C12-04601 EMC

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During a case management conference on December 11, 2012, the Court referred this case

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to a magistrate judge for a settlement conference and ordered that the settlement conference be

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completed within 150 days.1 Accordingly, on February 15, 2013, Magistrate Judge Nandor J.

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Vadas scheduled a settlement conference for April 25, 2013.2

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On March 21, 2013, Wiley filed a motion to dismiss the complaint.3 On March 22, 2013,

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Wiley filed a motion to vacate the settlement conference set for April 25, 2013.4 On March 29,

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2013, the Court issued an Order Granting Extension of Time in Which to Complete Settlement

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Conference which extended the deadline to complete the settlement conference to June 30, 2013

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and provided that the date of the conference shall be scheduled with Magistrate Judge Vadas.5

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The Court heard Wiley’s motion to dismiss on May 9, 2013. The Court ordered that the

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parties’ cross motions for summary judgment on certain issues addressed in Wiley’s motion to

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dismiss shall be heard on October 31, 2013.6 The Court also stated that it was “going to leave it to

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[Judge Vadas’s] judgment as to whether he believes . . . it is worthwhile, makes sense to hold a

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settlement conference.”7

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On May 21, 2013 and June 18, 2013, Magistrate Judge Vadas conducted status conferences

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to discuss the timing of the settlement conference.8 During the June 18, 2013 status conference, in

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light of the anticipated October 31, 2013 hearing on the cross motions for summary judgment,

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Magistrate Judge Vadas continued the matter to November 19, 2013 for another status conference

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to discuss the timing of the settlement conference.9

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Civil Minutes, Doc. 25.
Notice of Settlement Conference and Settlement Conference Order, Doc. 28.
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Doc. 31.
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Doc. 33.
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Doc. 36.
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Civil Minutes, Doc. 48.
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Doc. 52, Transcript of May 9, 2013 Hearing, at 30:12-15.
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Docs. 51 and 53.
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Doc. 53
__________________________________________________________________________________
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JOINT REQUEST FOR EXTENSION OF DEADLINE
CASE NO. C12-04601 EMC
FOR COMPLETING SETTLEMENT CONFERENCE

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On June 25, 2013, the parties received an e-mail message from Linn Van Meter,
Administrative Law Clerk, stating in part:
[I]t appears from Judge Chen’s order entered 3/29/13, docket no. 36,
that the deadline for holding the settlement conference in this case is
June 30, 2013.
If another deadline was subsequently established, please inform me
of the order which provides for that. Otherwise, Judge Vadas
requests that you ask Judge Chen for an extension of time to hold the
settlement conference which includes the 11/19/13 date.
Accordingly, the parties jointly request that the Court extend the deadline for completing a
settlement conference to December 31, 2013.

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DATED: June 26, 2013
Plaintiff Minden Pictures, Inc. by its attorneys,
/s/ Robert W. Crockett
Robert W. Crockett (SBN 79918)
Harmon & Seidman LLC
33 Spindrift Passage
Corte Madera, California 94925
Tel: [phone]
E-mail: [e-mail]
Christopher Seidman (SBN 98884)
Harmon & Seidman LLC
101 South Third Street, Suite 265
Grand Junction, Colorado 81501
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]

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__________________________________________________________________________________
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JOINT REQUEST FOR EXTENSION OF DEADLINE
CASE NO. C12-04601 EMC
FOR COMPLETING SETTLEMENT CONFERENCE

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DATED: June 26, 2013
Defendant John Wiley & Sons Inc., by its attorneys,
/s/ Michael Beylkin
Steven D. Zansberg (SBN 177528)
Christopher P. Beall (admitted pro hac vice)
Michael Beylkin (admitted pro hac vice)
Levine Sullivan Koch & Schulz, LLP
1888 Sherman Street, Suite 370
Denver, Colorado 80203
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
[e-mail]
[e-mail]

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__________________________________________________________________________________
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JOINT REQUEST FOR EXTENSION OF DEADLINE
CASE NO. C12-04601 EMC
FOR COMPLETING SETTLEMENT CONFERENCE

CERTIFICATE OF SERVICE

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I am a resident of the State of California, over the age of 18 years, and not a party to the
above-entitled action. My business address is 33 Spindrift Passage, Corte Madera, California
94925.
I hereby certify that on June 26, 2013, I caused the foregoing JOINT REQUEST FOR
EXTENSION OF DEADLINE FOR COMPLETING SETTLEMENT CONFERENCE to be filed
via the CM/ECF system, which will serve a Notice of Electronic Filing to all counsel of record,
including the following:

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Steven D. Zansberg
Christopher P. Beall
Michael Beylkin
Levine Sullivan Koch & Schulz, LLP
1888 Sherman Street, Suite 370
Denver, Colorado 80203
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
[e-mail]
[e-mail]

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I declare under penalty of perjury that I am a member of the bar of this Court and that the
foregoing is true and correct.
Executed on June 26, 2013, at Corte Madera, California.
/s/ Robert W. Crockett

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Robert W. Crockett (SBN 79918)
Harmon & Seidman LLC
33 Spindrift Passage
Corte Madera, California 94925
Tel: [phone]
E-mail: [e-mail]

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R NIA

Chen

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Judge Ed

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IT IS SO ORDERED that the deadline to complete settlement conference is extended to 12/31/13. The
further CMC is reset from 10/31/13 to 1/16/14 at 10:30 a.m. An updated joint cmc statement shall be
filed by 1/9/14.
S DISTRICT
TE
C
_____________________________
TA
EDWARD M. CHEN
ED
ORDER
IT IS SO
IED
U.S. DISTRICT JUDGEAS MODIF
UNIT
ED

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D IS T IC T O
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__________________________________________________________________________________
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JOINT REQUEST FOR EXTENSION OF DEADLINE
CASE NO. C12-04601 EMC
FOR COMPLETING SETTLEMENT CONFERENCE