Forsyth v. Motion Picture Association of America (MPAA) et al

Filing 73

STIPULATION AND ORDER re National Association of Theatre Owners' Motion for Attorneys' Fees and Hearing Date for Motion for Attorneys' Fees. Signed by Judge Richard Seeborg on 1/23/17. (cl, COURT STAFF) (Filed on 1/23/2017)

1 GLENN D. POMERANTZ (SBN 112503)
[e-mail]
2 MUNGER, TOLLES & OLSON LLP
355 South Grand Avenue, Thirty-Fifth Floor
3 Los Angeles, California 90071-1560
Telephone: [phone]
4 Facsimile:
[phone]
5 KELLY M. KLAUS (SBN 161091)
[e-mail]
6 ACHYUT J. PHADKE (SBN 261567)
[e-mail]
7 ADAM I. KAPLAN (SBN 268182)
[e-mail]
8 MUNGER, TOLLES & OLSON LLP
560 Mission Street, Twenty-Seventh Floor
9 San Francisco, California 94105-2907
Telephone: [phone]
10 Facsimile:
[phone]
11 Attorneys for Defendants Motion Picture
Association of America, Inc., Walt Disney
12 Studios Motion Pictures, Paramount Pictures
Corporation, Sony Pictures Entertainment Inc.,
13 Twentieth Century Fox Film Corporation,
Universal City Studios LLC, and Warner Bros.
14 Entertainment Inc.

K. LEE MARSHALL (SBN 277092)
[e-mail]
ROGER MYERS (SBN 146164)
[e-mail]
ALEXANDRA WHITWORTH (SBN 303046)
[e-mail]
BRYAN CAVE LLP
560 Mission Street, 25th Floor
San Francisco, California 94105
Tel: [phone] /Fax: [phone]
Attorneys for Defendant National Association
of Theatre Owners
DAVID SCHACHMAN (Pro Hac Vice)
[e-mail]
LAW OFFICES OF DAVID SCHACHMAN,
P.C.
55 West Monroe Street, Suite 2970
Chicago, Illinois 60603
Tel: [phone]/Fax: [phone]
Attorneys for Plaintiff Timothy Forsyth

15

UNITED STATES DISTRICT COURT

16

NORTHERN DISTRICT OF CALIFORNIA

17 TIMOTHY FORSYTH, individually and on behalf of a
class of similarly situated individuals,
18
Plaintiff,
19
vs.
20
MOTION PICTURE ASSOCIATION OF
21 AMERICA, INC., WALT DISNEY STUDIOS
MOTION PICTURES, PARAMOUNT
22 PICTURES CORPORATION, SONY
PICTURES ENTERTAINMENT INC.,
23 TWENTIETH CENTURY FOX FILM
CORPORATION, UNIVERSAL CITY
24 STUDIOS LLC, WARNER BROS.
ENTERTAINMENT INC., and NATIONAL
25 ASSOCIATION OF THEATRE OWNERS,
26

Case No. 3:16-cv-00935-RS
STIPULATION AND
[PROPOSED] ORDER RE [1]
DEFENDANT NATIONAL
ASSOCIATION OF THEATRE
OWNERS’ MOTION FOR
ATTORNEYS’ FEES, AND
[2] HEARING DATE FOR
MOTION FOR ATTORNEYS’
FEES
Judge: Hon. Richard Seeborg

Defendants.

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30376437.1

STIPULATION AND [PROPOSED] ORDER
Case No. 3:16-cv-00935-RS

1

In support of their joint stipulation regarding the briefing schedule and hearing on

2 Defendant National Association of Theatre Owners (“NATO”) motion for attorneys’ fees, Plaintiff
3 Timothy Forsyth and Defendant NATO, by and through their undersigned counsel of record, recite
4 as follows:
5

A. Pursuant to the parties’ November 22, 2016 stipulation (ECF No. 60), and the Court’s

6 November 28, 2016 order approving that stipulation (ECF No. 61), Defendants’ motions for
7 attorneys’ fees were to be filed by December 15, 2016 - fourteen days from the date the Court
8 entered judgment which judgment was entered on December 1, 2016 (ECF No. 65).
9

B. On December 15, 2016, Defendant NATO filed its notice of motion and motion for

10 attorneys’ fees (ECF No. 66). Defendants Motion Picture Association of America Inc., Walt
11 Disney Studios Motion Pictures, Paramount Pictures Corporation, Sony Pictures Entertainment
12 Inc., Twentieth Century Fox Film Corporation, Universal City Studios LLC, Warner Brothers
13 Entertainment Inc., did not file a motion for attorneys’ fees.
14

C. Pursuant to the stipulation of Plaintiff and Defendant NATO, the Plaintiff’s response to

15 Defendant NATO’s motion for attorneys’ fees is due to be filed on January 24, 2017, Defendant
16 NATO’s reply in support of the motion for attorneys’ fees is due to be filed on February 2, 2017
17 and the hearing on the motion for attorneys’ fees is scheduled for February 16, 2017 (ECF No.
18 68).
19

C. Counsel for Plaintiff and Defendant NATO have met and conferred by telephone and

20 email regarding resolving the motion for attorneys’ fees by agreement and, therefore, jointly
21 request a short two-week extension of the briefing schedule and hearing date to allow the parties to
22 continue their discussions. Plaintiff and Defendant NATO have agreed that Plaintiff’s response to
23 Defendant NATO’s motion for attorneys’ fees shall be due February 7, 2017 and Defendant
24 NATO’s reply in support of the motion for attorneys’ fees shall be due February 16, 2017. Upon
25 reviewing the Court’s calendar, the parties also agreed that March 9, 2017, was the most mutually
26 convenient available hearing date.
27

NOW, THEREFORE, the parties hereby stipulate that, subject to the Court’s approval:

28

1. Defendant NATO’s motion for attorneys’ fees will be heard on March 9, 2017 at 1:30

-1-

STIPULATION AND [PROPOSED] ORDER
Case No. 3:16-cv-00935-RS

1 p.m. or such other time as the Court determines is convenient.
2

2. Plaintiff’s response in opposition to Defendant NATO’s motion for attorneys’ fees is

3 due on or before February 7, 2017 and Defendant NATO’s reply brief is due on or before February
4 16, 2017.
5
6

IT IS SO STIPULATED.

7 DATED: January 23, 2017

LAW OFFICES OF DAVID SCHACHMAN, P.C.

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9

By:

/s/ David Schachman
DAVID SCHACHMAN

10
Attorneys for Plaintiff Timothy Forsyth
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12
13 DATED: January 23, 2017

BRYAN CAVE LLP

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15

By:

/s/ K. Lee Marshall
K. LEE MARSHALL

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17

Attorneys for Defendant National Association of
Theatre Owners

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19 THE COURT FINDS GOOD CAUSE EXISTS FOR THE PARTIES’ STIPULATION AND ON
THAT BASIS THE FOREGOING STIPULATION IS APPROVED AND IS SO ORDERED.
20
1/23/17
21 DATED: _______________
22
23
24

HONORABLE RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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STIPULATION AND [PROPOSED] ORDER
Case No. 3:16-cv-00935-RS