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)

Case3:13-cv-01962-JSW Document48 Filed02/03/14 Page1 of 6

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Mark Eisen (SBN - 289009)
[e-mail]
EDELSON PC
555 West Fifth Street, 31st Floor
Los Angeles, California 90013
Tel: [phone]
Fax: [phone]

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Rafey S. Balabanian (Admitted Pro Hac Vice)
[e-mail]
Christopher L. Dore (Admitted Pro Hac Vice)
[e-mail]
Benjamin S. Thomassen (Admitted Pro Hac Vice)
[e-mail]
EDELSON PC
350 North LaSalle Street, Suite 1300
Chicago, Illinois 60654
Tel: [phone]
Fax: [phone]

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Attorneys for Plaintiffs John Locke and Damion Perrine and the Putative Class

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

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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.

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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

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“Plaintiffs”) and Defendants Sega of America, Inc. and Gearbox Software L.L.C. (the

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“Defendants,” together the “Parties”), by and through their undersigned counsel, hereby submit the

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following joint status report to provide context for their stipulation to continue the current schedule

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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

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a ninety (90) day extension of the current case schedule so as to continue their efforts to mediate

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and potentially resolve the litigation and, to the extent resolution does not occur, engage in the

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discovery necessary to address the issues of class certification and the merits of the case. Thus, in

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support of their stipulation and to apprise the Court of the current status of this case, the parties

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state as follows:

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I.

Case Developments.

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On October 11, 2013, the Parties attended an Initial Case Management Conference

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(“CMC”), during which the Court adopted, with limited exceptions, the deadlines proposed in the

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Parties’ Joint Case Management Statement. (Dkt. No. 42.) Since that time, there have been several

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developments in the case both in terms of advancing the litigation, as well as attempts to settle the

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lawsuit. With respect to the litigation, following the CMC, the Parties immediately proceeded with

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discovery, with Plaintiffs propounding interrogatories and requests for documents on October 4,

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2013, Defendants serving notices of deposition for both Mr. Locke and Mr. Perrine on October 14,

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2013, and both Parties exchanging their initial disclosures on October 30, 2013.

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At the same time that they advanced the litigation, the Parties concurrently discussed the

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possibility of resolving the case. To that end, in October/November of last year, the Parties

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scheduled an in-person mediation before Hon. Rebecca Westerfield (Ret.) of JAMS for January

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21, 2014. The Parties also agreed to exchange key information on an informal basis leading up to

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the mediation, so as to provide each side with the information necessary to effectively evaluate the

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claims and defenses in the case, and ultimately, inform a fair and reasonable settlement of the

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dispute. As such, in November 2013 and then again in January 2014 (i.e., before the Parties’

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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

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mediation), Defendants produced to Plaintiffs information regarding (i) contractual information

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underlying the development and production of Aliens: Colonial Marines, (ii) certain factual

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information regarding the Defendants’ advertising of Aliens: Colonial Marines over the course of

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the game’s development, and (iii) additional information concerning the scope and size of the

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putative class, as defined by the First Amended Complaint. Additionally, in January 2014, the

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Parties exchanged mediation briefs, wherein both sides addressed the facts of the case known to

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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

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Westerfield at JAMS’ San Francisco offices. While both sides negotiated in good faith, no

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agreement was reached at the mediation. Nevertheless, settlement negotiations are on-going in that

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Defendants are currently considering Plaintiffs’ last settlement proposal, and have requested three

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weeks from the date of the mediation to make a decision regarding the same. At the same time, the

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Parties are mindful of the fact that several deadlines in this case are approaching and believe it

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prudent to extend those deadlines in the event that the case does not resolve, so as to avoid

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prejudice to either Party.

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II.

Proposed Changes to Case Deadlines.

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Based on the foregoing, the Parties believe that a ninety (90) day extension of the current

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case deadlines is appropriate. Such an extension will assist in the Parties’ ongoing mediation and

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discovery efforts, and also conserve resources by avoiding, inter alia, the need to proceed with

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expert discovery, class certification, and dispositive motion practice now—which would be

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unnecessary if the Parties are ultimately able to resolve the case. Notwithstanding, because they

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have actively pursued discovery, the Parties will be prepared to move forward in the litigation

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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

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the Court’s October 15, 2013 Civil Management Order (Dkt. No. 42), as follows:

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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

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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

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Defendants’ deadline to depose Plaintiffs’ experts and the
Parties’ other witnesses related to class certification ......................... June 12, 2014

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Plaintiffs’ deadline to depose rebuttal experts related to
class certification ................................................................................ July 14, 2014

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Plaintiffs to file motion and memorandum in support of
class certification ............................................................................... Sept. 11, 2014

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Defendants to file opposition to class certification and all
supporting materials .............................................................................. Oct. 9, 2014

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Plaintiffs to file reply in support of motion for class
certification ......................................................................................... Oct. 23, 2014

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Hearing on motion for class
certification ............................................ Nov. 13, 2014 (or at Court’s convenience)

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Joint Supplemental Case Management Statement ..............................Nov. 27, 2014

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Further case management conference ...... Dec. 4, 2014 (or at Court’s convenience)

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NOW THEREFORE, IT IS HEREBY STIPULATED and AGREED that:

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1.

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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,

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Dated: February 3, 2014

By:

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s/ Benjamin S. Thomassen
One of Plaintiffs’ Attorneys

Mark Eisen (SBN - 289009)
[e-mail]
EDELSON PC
555 West Fifth Street, 31st Floor
Los Angeles, California 90013
Tel: [phone]
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

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Fax: [phone]
Rafey S. Balabanian (Admitted Pro Hac Vice)
[e-mail]
Christopher L. Dore (Admitted Pro Hac Vice)
[e-mail]
Benjamin S. Thomassen (Admitted Pro Hac Vice)
[e-mail]
EDELSON PC
350 North LaSalle Street, Suite 1300
Chicago, Illinois 60654
Tel: [phone]
Fax: [phone]

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SEGA OF AMERICA, INC., and GEARBOX
SOFTWARE, L.L.C.,

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Dated: February 3, 2014

By:

s/ Rodger R. Cole
One of Defendants’ Attorneys

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Rodger R. Cole (SBN - 178865)
[e-mail]
Jennifer L. Kelly (SBN - 193416)
[e-mail]
FENWICK & WEST LLP
Silicon Valley Center
801 California Street
Mountain View, California 94041
Tel: [phone]
Fax: [phone]
Attorneys for Defendants

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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

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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