Hicks et al v. PGA Tour, Inc.

Filing 35

Order by Hon. Vince Chhabria denying 29 Stipulation to Modify Deadlines re Response to Amended Complaint and Motion to Transfer Venue.(knm, COURT STAFF) (Filed on 3/20/2015)

1 Lee Cirsch (CA State Bar No. 227668)

THE LANIER LAW FIRM, P.C.
2 10866 Wilshire Blvd., Suite 400

Los Angeles, California 90024
3 Telephone: [phone]

Facsimile: 310-277-5103
4 [e-mail]
5 W. Mark Lanier Pending Pro Hac Vice

[e-mail]
6 Eugene R. Egdorf Pending Pro Hac Vice

[e-mail]
7 Benjamin T. Major Pending Pro Hac Vice

[e-mail]
8 Ryan D. Ellis Pending Pro Hac Vice

[e-mail]
9 THE LANIER LAW FIRM, P.C.

6810 FM 1960 West
10 Houston, Texas 77069

Telephone: [phone]
713-659-2204

11 Facsimile:

12 Arthur R. Miller Pending Pro Hac Vice

[e-mail]
13 THE LANIER LAW FIRM, PLLC
th
th

126 East 56 Street, 6 Floor

14 Tower 56

New York, New York 10022
15 Telephone: [phone]

Facsimile: 212-421-2878
16

Attorneys for Class Representative
17 Plaintiffs, William Michael Hicks and

Kenneth Harms, et. al.
18
19

UNITED STATES DISTRICT COURT

20

NORTHERN DISTRICT OF CALIFORNIA

21

SAN FRANCISCO DIVISION

22 William Michael Hicks and Kenneth

)
Harms, as Class Representative Plaintiffs, )
23 et. al
)
Plaintiffs,
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24
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vs.
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PGA TOUR, Inc.,
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Defendant.
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Case No. 3:15-cv-00489-VC
STIPULATION AND (PROPOSED)
ORDER

Plaintiffs William Michael Hicks and Kenneth Harms, as Proposed Class Representative

1

2 Plaintiffs, et al. (“Plaintiffs”) and Defendant PGA TOUR, Inc. (“Defendant”), through their
3 respective counsel, hereby stipulate and agree as follows:
4

WHEREAS Plaintiffs filed their original complaint in this matter on February 3, 2015;

5

WHEREAS service of Plaintiffs’ original complaint, summons, and supporting documents

6 was effected on or about February 11, 2015;
WHEREAS this Court, based on the parties’ previous stipulation [Doc. No. 16], extended

7

8 the deadlines for Defendant’s initial responsive pleadings;
WHEREAS Defendant filed its Motion to Change Venue [Doc. No. 25] on March 5, 2015;

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WHEREAS Plaintiffs filed an Amended Complaint [Doc. No. 28] on March 16, 2015;

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WHEREAS Defendant may seek to supplement its motion to transfer venue to address the

12 parties and allegations added to the First Amended Complaint;
WHEREAS Plaintiffs intend to seek venue discovery and resolve venue discovery disputes

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14 before Plaintiffs’ response to Defendant’s Motion to Change Venue becomes due and before
15 briefing is complete on Defendant’s Motion to Change Venue;
WHEREAS the parties have previously agreed that such discovery, which Defendant has

16

17 reserved the right to oppose, would affect any briefing schedule on Defendant’s Motion to Change
18 Venue.
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IT IS HEREBY STIPULATED AND AGREED THAT, pursuant to Civil Local Rule 6-1:

20

1.

Plaintiffs’ deadline to file a response to Defendant’s Motion to Change Venue will

21 be adjourned pending completion of venue discovery and resolution of venue discovery disputes,
22 if any;
23

2.

On or before March 25, 2015 Plaintiffs will serve Defendant with venue discovery

24 requests limited to issues related to Defendant’s Motion to Change Venue;
25

3.

Upon service of Plaintiffs’ discovery requests and Defendant’s responses and

26 objections, the parties will promptly meet and confer regarding the scope of Plaintiffs’ requests,
27 the scheduling of any response to those requests, Defendant’s objections and claims of privilege,
28 and all other matters relating to Plaintiffs’ requests;

STIPULATION AND PROPOSED ORDER

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CASE NO. 3:15-cv-00489-VC.

1

4.

On or before April 3, 2015, Defendant will file any supplemental papers to its

2 venue transfer motion to address the new factual allegations and new parties set forth in the First
3 Amended Complaint.
4

5.

Plaintiffs will file a response to Plaintiffs’ Motion to Change Venue no later than

5 21 days following completion of venue discovery and resolution of any venue discovery disputes;
6

6.

Defendant will answer, move, or otherwise plead in response to Plaintiffs’ First

7 Amended Complaint within 30 days of the entry of an order on its Motion to Change Venue;
8

IT IS FURTHER STIPULATED AND AGREED that this Stipulation does not constitute a

9 waiver of any claim, objection or defense, including objections to discovery and other discovery
10 disputes, unless expressly addressed herein.
11
12 Dated: March 18, 2015

THE LANIER LAW FIRM, P.C.
By:

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14
15
16
17

_

/s/ Lee Cirsch
Lee Cirsch
Lee Cirsch (CA State Bar No. 227668)
W. Mark Lanier Pending Pro Hac Vice
Eugene R. Egdorf Pending Pro Hac Vice
Benjamin T. Major Pending Pro Hac Vice
Ryan D. Ellis Pending Pro Hac Vice
Arthur R. Miller Pending Pro Hac Vice
Attorneys for Class Representative Plaintiffs, William
Michael Hicks and Kenneth Harms, et. al.

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Dated: March 18, 2015
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20
21

SKADDEN, ARPS, SLATE, MEAGHER & FLOM, LLP
By: /s/ Raoul D. Kennedy
Raoul D. Kennedy (Bar No. 40892)
Jeffrey A. Mishkin admitted Pro Hac Vice
Anthony J. Dreyer admitted Pro Hac Vice
Attorneys for Defendant PGA Tour, Inc.

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23
24

EFC ATTESTATION
Pursuant to Civil Local Rule 5-1(i)(3), the filer of this document attests that concurrence in

25 the filing of this document has been obtained from each of the other signatories above.
26
/s/Lee Cirsch

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28

STIPULATION AND PROPOSED ORDER

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CASE NO. 3:15-cv-00489-VC.

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PROPOSED ORDER

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transfer motion and a date for the hearing on that motion.

ER

ia

FO

Chhabr

H

that includes a due date for the opposition to the

RT

10

ince
J u d ge V

LI

The parties should submit a revised stipulation

A

9

NO

The proposed stipulation is denied.

R NIA

D _________

The Honorable Vince ChhabriaE
DENI
United States District Court Judge

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12

S

UNIT
ED

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S DISTRICT
TE
C
TA

RT
U
O

4 PURSUANT TO STIPULATION, IT IS SO ORDERED.
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5 Dated: March 18, 2015

N

D IS T IC T
R

OF

C

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STIPULATION AND PROPOSED ORDER

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CASE NO. 3:15-cv-00489-VC.