Perrine v. Sega of America, Inc. et al

Filing 49

ORDER GRANTING AS MODIFIED 48 STIPULATION to Extend Case Deadlines Pending Settlement Negotiations. Case Management Statement due by 11/27/2014. Motions due by 9/11/2014. Replies due by 10/23/2014. Responses due by 10/9/2014. Case Managem ent Conference set for 12/4/2014 11:00 AM in Courtroom 5, 2nd Floor, Oakland. Motion Hearing set for 11/13/2014 11:00 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. Signed by Judge Jeffrey S. White on 2/4/14. (jjoS, COURT STAFF) (Filed on 2/4/2014)

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Case3:13-cv-01962-JSW Document48 Filed02/03/14 Page1 of 6 1 2 3 4 Mark Eisen (SBN - 289009) meisen@edelson.com EDELSON PC 555 West Fifth Street, 31st Floor Los Angeles, California 90013 Tel: 213.533.4100 Fax: 213.947.4251 10 Rafey S. Balabanian (Admitted Pro Hac Vice) rbalabanian@edelson.com Christopher L. Dore (Admitted Pro Hac Vice) cdore@edelson.com Benjamin S. Thomassen (Admitted Pro Hac Vice) bthomassen@edelson.com EDELSON PC 350 North LaSalle Street, Suite 1300 Chicago, Illinois 60654 Tel: 312.589.6370 Fax: 312.589.6378 11 Attorneys for Plaintiffs John Locke and Damion Perrine and the Putative Class 5 6 7 8 9 12 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 13 14 15 16 17 18 19 20 21 JOHN LOCKE and DAMION PERRINE, individually and on behalf of all others similarly situated, Plaintiffs, v. SEGA OF AMERICA, INC. a California corporation, and GEARBOX SOFTWARE L.L.C., a Texas limited liability company, Case No. 13-cv-01962-JSW JOINT STATUS REPORT AND STIPULATION TO EXTEND CASE DEADLINES PENDING SETTLEMENT NEGOTIATIONS AND ORDER THEREON AS MODIFIED HEREIN Judge: Hon. Jeffrey S. White Action Filed: April 29, 2013 Defendants. 22 23 24 25 26 27 28 JOINT STIPULATION TO EXTEND CASE DEADLINES PENDING NEGOTIATIONS CASE NO. 13-cv-01962-JSW Case3:13-cv-01962-JSW Document48 Filed02/03/14 Page2 of 6 Pursuant to Local Rules 6-2 and 7-12, Plaintiffs John Locke and Damion Perrine (the 1 2 “Plaintiffs”) and Defendants Sega of America, Inc. and Gearbox Software L.L.C. (the 3 “Defendants,” together the “Parties”), by and through their undersigned counsel, hereby submit the 4 following joint status report to provide context for their stipulation to continue the current schedule 5 of case deadlines, subject to the Court’s approval, as set forth below. While there have been significant developments in the case to date, the Parties now require 6 7 a ninety (90) day extension of the current case schedule so as to continue their efforts to mediate 8 and potentially resolve the litigation and, to the extent resolution does not occur, engage in the 9 discovery necessary to address the issues of class certification and the merits of the case. Thus, in 10 support of their stipulation and to apprise the Court of the current status of this case, the parties 11 state as follows: 12 I. Case Developments. 13 On October 11, 2013, the Parties attended an Initial Case Management Conference 14 (“CMC”), during which the Court adopted, with limited exceptions, the deadlines proposed in the 15 Parties’ Joint Case Management Statement. (Dkt. No. 42.) Since that time, there have been several 16 developments in the case both in terms of advancing the litigation, as well as attempts to settle the 17 lawsuit. With respect to the litigation, following the CMC, the Parties immediately proceeded with 18 discovery, with Plaintiffs propounding interrogatories and requests for documents on October 4, 19 2013, Defendants serving notices of deposition for both Mr. Locke and Mr. Perrine on October 14, 20 2013, and both Parties exchanging their initial disclosures on October 30, 2013. 21 At the same time that they advanced the litigation, the Parties concurrently discussed the 22 possibility of resolving the case. To that end, in October/November of last year, the Parties 23 scheduled an in-person mediation before Hon. Rebecca Westerfield (Ret.) of JAMS for January 24 21, 2014. The Parties also agreed to exchange key information on an informal basis leading up to 25 the mediation, so as to provide each side with the information necessary to effectively evaluate the 26 claims and defenses in the case, and ultimately, inform a fair and reasonable settlement of the 27 dispute. As such, in November 2013 and then again in January 2014 (i.e., before the Parties’ 28 JOINT STIPULATION TO EXTEND CASE DEADLINES PENDING NEGOTIATIONS 2 CASE NO. 13-cv-01962-JSW Case3:13-cv-01962-JSW Document48 Filed02/03/14 Page3 of 6 1 mediation), Defendants produced to Plaintiffs information regarding (i) contractual information 2 underlying the development and production of Aliens: Colonial Marines, (ii) certain factual 3 information regarding the Defendants’ advertising of Aliens: Colonial Marines over the course of 4 the game’s development, and (iii) additional information concerning the scope and size of the 5 putative class, as defined by the First Amended Complaint. Additionally, in January 2014, the 6 Parties exchanged mediation briefs, wherein both sides addressed the facts of the case known to 7 them, along with their views on the overall litigation and possibility of settlement. On January 21, 2014, the Parties engaged in an all-day mediation presided over by Judge 8 9 Westerfield at JAMS’ San Francisco offices. While both sides negotiated in good faith, no 10 agreement was reached at the mediation. Nevertheless, settlement negotiations are on-going in that 11 Defendants are currently considering Plaintiffs’ last settlement proposal, and have requested three 12 weeks from the date of the mediation to make a decision regarding the same. At the same time, the 13 Parties are mindful of the fact that several deadlines in this case are approaching and believe it 14 prudent to extend those deadlines in the event that the case does not resolve, so as to avoid 15 prejudice to either Party. 16 II. Proposed Changes to Case Deadlines. 17 Based on the foregoing, the Parties believe that a ninety (90) day extension of the current 18 case deadlines is appropriate. Such an extension will assist in the Parties’ ongoing mediation and 19 discovery efforts, and also conserve resources by avoiding, inter alia, the need to proceed with 20 expert discovery, class certification, and dispositive motion practice now—which would be 21 unnecessary if the Parties are ultimately able to resolve the case. Notwithstanding, because they 22 have actively pursued discovery, the Parties will be prepared to move forward in the litigation 23 without delay should they be unable to reach a settlement. For these reasons, good cause exists1 to extend the current schedule of deadlines set forth in 24 25 the Court’s October 15, 2013 Civil Management Order (Dkt. No. 42), as follows: 26 1 27 28 Fed. R. Civ. P. 6(b) provides that the Court may, for good cause shown, extend the time to complete any required act. JOINT STIPULATION TO EXTEND CASE DEADLINES PENDING NEGOTIATIONS 3 CASE NO. 13-cv-01962-JSW Case3:13-cv-01962-JSW Document48 Filed02/03/14 Page4 of 6 1 2 1. Plaintiffs to serve disclosures pursuant to Fed. R. Civ. P. 26(a)(2) relating to class certification ................................................... May 6, 2014 2. Defendants to serve disclosures of rebuttal expert witnesses and reports relating to class certification ............................................. June 5, 2014 3. Defendants’ deadline to depose Plaintiffs’ experts and the Parties’ other witnesses related to class certification ......................... June 12, 2014 4. Plaintiffs’ deadline to depose rebuttal experts related to class certification ................................................................................ July 14, 2014 5. Plaintiffs to file motion and memorandum in support of class certification ............................................................................... Sept. 11, 2014 6. Defendants to file opposition to class certification and all supporting materials .............................................................................. Oct. 9, 2014 7. Plaintiffs to file reply in support of motion for class certification ......................................................................................... Oct. 23, 2014 8. Hearing on motion for class certification ............................................ Nov. 13, 2014 (or at Court’s convenience) 9. Joint Supplemental Case Management Statement ..............................Nov. 27, 2014 10. Further case management conference ...... Dec. 4, 2014 (or at Court’s convenience) 3 4 5 6 7 8 9 10 11 12 13 14 15 NOW THEREFORE, IT IS HEREBY STIPULATED and AGREED that: 16 1. 17 18 19 20 All case deadlines are hereby continued by ninety (90) days and re-set as set forth above; and 2. The parties shall submit a status report within thirty (30) days to update the Court regarding the status of the Parties’ settlement discussions. IT IS SO STIPULATED. JOHN LOCKE and DAMION PERRINE, individually and on behalf of all others similarly situated, 21 22 23 Dated: February 3, 2014 By: 24 25 26 27 28 s/ Benjamin S. Thomassen One of Plaintiffs’ Attorneys Mark Eisen (SBN - 289009) meisen@edelson.com EDELSON PC 555 West Fifth Street, 31st Floor Los Angeles, California 90013 Tel: 213.533.4100 JOINT STIPULATION TO EXTEND CASE DEADLINES PENDING NEGOTIATIONS 4 CASE NO. 13-cv-01962-JSW Case3:13-cv-01962-JSW Document48 Filed02/03/14 Page5 of 6 1 2 3 4 5 6 7 Fax: 213.947.4251 Rafey S. Balabanian (Admitted Pro Hac Vice) rbalabanian@edelson.com Christopher L. Dore (Admitted Pro Hac Vice) cdore@edelson.com Benjamin S. Thomassen (Admitted Pro Hac Vice) bthomassen@edelson.com EDELSON PC 350 North LaSalle Street, Suite 1300 Chicago, Illinois 60654 Tel: 312.589.6370 Fax: 312.589.6378 8 SEGA OF AMERICA, INC., and GEARBOX SOFTWARE, L.L.C., 9 10 Dated: February 3, 2014 By: s/ Rodger R. Cole One of Defendants’ Attorneys 11 12 13 14 15 16 17 18 Rodger R. Cole (SBN - 178865) rcole@fenwick.com Jennifer L. Kelly (SBN - 193416) jkelly@fenwick.com FENWICK & WEST LLP Silicon Valley Center 801 California Street Mountain View, California 94041 Tel: 650.988.8500 Fax: 650.938.5200 Attorneys for Defendants 19 20 21 22 23 PURSUANT TO STIPULATION, IT IS SO ORDERED The hearing on the motion for class certification will be heard on November 14, 2014 at 9:00 a.m. The further case management conference will be set for December 5, 2014 at 11:00 a.m. DATED: February 4, 2014 THE HONORABLE JEFFREY S. WHITE United States District Judge 24 25 26 27 28 The parties are advised that after April 4, 2014, the Court will be relocating to the Oakland Courthouse and all further hearings will be held in Courtroom 5, 2d Floor, 1301 Clay Street, Oakland, California. The parties also are admonished to familiarize themselves with the dates and times on which the Court holds its law and motion and case management calendars. JOINT STIPULATION TO EXTEND CASE DEADLINES PENDING NEGOTIATIONS 5 CASE NO. 13-cv-01962-JSW

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