Arista Music et al v. Radionomy, Inc. et al

Filing 55

STIPULATION AND ORDER RE 54 Scheduling Order Regarding Jurisdictional Discovery. Signed by Judge Richard Seeborg on 7/8/16. (cl, COURT STAFF) (Filed on 7/8/2016)

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DAVID R. SINGH (SBN 300840)
[e-mail]
WEIL, GOTSHAL & MANGES LLP
Silicon Valley Office
201 Redwood Shores Parkway, 6th Floor
Redwood Shores, CA 94065
Telephone: [phone]
Facsimile: [phone]

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GREGORY S. SILBERT (SBN 207971)
[e-mail]
BENJAMIN E. MARKS (admitted pro hac vice)
[e-mail]
WEIL, GOTSHAL & MANGES LLP
New York Office
767 Fifth Avenue, 34th Floor
New York, NY 10153
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants RADIONOMY, INC.,
RADIONOMY SA, and RADIONOMY GROUP, B.V.

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TODD A. ROBERTS (SBN 129722)
NICOLE S. HEALY (SBN 157417)
ROPERS, MAJESKI, KOHN & BENTLEY
1001 Marshall Street, Suite 500
Redwood City, CA 94063-2052
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Attorneys for Defendant
ALEXANDRE SABOUNDJIAN
JEFFREY G. KNOWLES (State Bar No. 129754)
JULIA D. GREER (State Bar No. 200479)
SCOTT C. HALL (State Bar No. 232492)
COBLENTZ PATCH DUFFY & BASS LLP
One Montgomery Street, Suite 3000
San Francisco, California 94104
Telephone: [phone]
Facsimile: 415.989.1663
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiffs ARISTA MUSIC,
ARISTA RECORDS, LLC, LAFACE RECORDS LLC,
SONY MUSIC ENTERTAINMENT, SONY MUSIC
ENTERTAINMENT US LATIN LLC, AND
ZOMBA RECORDING LLC
STIPULATION AND [PROPOSED] SCHEDULING
ORDER REGARDING JURISDICTIONAL
DISCOVERY

CASE NO. 16-CV-00951-RS

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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ARISTA MUSIC, ARISTA RECORDS, LLC,
LAFACE RECORDS LLC, SONY MUSIC
ENTERTAINMENT, SONY MUSIC
ENTERTAINMENT US LATIN LLC, and
ZOMBA RECORDING LLC,

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Case No. 16-cv-00951-RS
STIPULATION AND [PROPOSED]
SCHEDULING ORDER REGARDING
JURISDICTIONAL DISCOVERY

Plaintiff,
vs.

Place: Courtroom 3, 17th floor
Judge: Honorable Richard Seeborg

RADIONOMY, INC., RADIONOMY SA,
RADIONOMY GROUP, B.V., and
ALEXANDRE SABOUNDJIAN, an individual,
Defendants.

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The undersigned counsel for the parties in the above-captioned action hereby stipulate and
agree, pursuant to Civil Local Rule 6-2, as follows:
WHEREAS, on February 26, 2016, Plaintiffs filed a Complaint for Copyright Infringement
and Unfair Competition (the “Complaint) against Defendants [Dkt. 1];

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WHEREAS, on May 9, 2016, Radionomy Group, B.V. filed a motion to dismiss pursuant to

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Rule 12(b)(2) and Radionomy Group B.V. Radionomy, S.A. and Radionomy, Inc. filed a motion to

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dismiss pursuant to Rule 12(b)(6) [Dkt. 32], and Alexandre Saboundjian filed a motion to dismiss

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pursuant to Rule 12(b)(2) and 12(b)(6) [Dkt. 31];

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WHEREAS, on May 23, 2016, Plaintiffs filed an opposition to Defendants’ motions to

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dismiss and requested permission to conduct limited discovery to develop further the record

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establishing personal jurisdiction [Dkt. 41];

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STIPULATION AND [PROPOSED] SCHEDULING
ORDER REGARDING JURISDICTIONAL
DISCOVERY

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CASE NO. 16-CV-00951-RS

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WHEREAS, on or about June 1, 2016, Plaintiffs served separate sets of document requests,

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interrogatories, and requests for admission on each of the Defendants (collectively, the “Discovery

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Requests”);

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WHEREAS, on June 8, 2016, the Court entered an order, among other things: (i) denying

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Defendants’ motions to dismiss without prejudice; (ii) granting Plaintiffs’ request for limited

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discovery of facts relating to personal jurisdiction and (iii) and requiring such discovery to be

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completed within the next 45 days; i.e., by July 25, 2016 (the “Order”) [Dkt. 46];

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WHEREAS, after the Court issued the Order, Plaintiffs advised Defendants of the specific

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Discovery Requests they contend relate to jurisdiction and, on June 24, 2016, Defendants served

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initial written responses to those requests;

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WHEREAS, Defendants are moving with all due haste to gather and review documents

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potentially responsive to the jurisdictional Discovery Requests, but anticipate needing additional

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time to complete their production in light of the need to navigate and comply with various European

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data privacy laws or blocking statutes and because many of the documents are foreign-language

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documents that require translation to facilitate review;

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WHEREAS, Defendants intend on complying with their discovery obligations in this Action

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and under U.S. law, including the Federal Rules of Civil Procedure, but require additional time to

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produce documents to Plaintiffs, and Plaintiffs anticipate requiring additional time to review and, if

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necessary, translate foreign language documents prior to taking any jurisdiction related depositions

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of Defendants;

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WHEREAS, the parties have scheduled a mediation for July 19, 2016, which could

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potentially resolve the dispute in this case and eliminate the need for Defendants to complete

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jurisdictional discovery.

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NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the parties, through
their respective counsel that:

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STIPULATION AND [PROPOSED] SCHEDULING
ORDER REGARDING JURISDICTIONAL
DISCOVERY

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CASE NO. 16-CV-00951-RS

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1.

Defendants’ deadline for producing documents responsive to Plaintiffs’ jurisdictional

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requests shall be extended from July 25, 2016 to August 25, 2016, but Defendants shall undertake

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reasonable, good faith efforts to produce documents responsive to such requests on a rolling basis in

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advance of this deadline;

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2.

After Defendants complete the production of documents responsive to Plaintiffs’

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jurisdictional discovery requests, the parties shall meet and confer regarding the schedule of any

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jurisdiction related depositions, taking into account the witnesses’ schedules and the time needed

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for Plaintiffs to translate and review foreign language documents prior to such jurisdiction related

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depositions. The deadline for the completion of such jurisdictional depositions shall be October 14,

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2016.

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Dated: July 7, 2016

Respectfully Submitted,
WEIL, GOTSHAL & MANGES LLP

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By: /s/ Gregory S. Silbert
GREGORY S. SILBERT

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Attorneys for Defendants RADIONOMY, INC.,
RADIONOMY S.A., and RADIONOMY GROUP,
B.V.

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ROPERS, MAJESKI, KOHN & BENTLEY

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By: /s/ Todd A. Roberts

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TODD A. ROBERTS

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Attorneys for Defendant ALEXANDRE
SABOUNDJIAN

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STIPULATION AND [PROPOSED] SCHEDULING
ORDER REGARDING JURISDICTIONAL
DISCOVERY

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CASE NO. 16-CV-00951-RS

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COBLENTZ PATCH DUFFY & BASS LLP

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By: /s/ Jeffrey G. Knowles
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JEFFREY G. KNOWLES

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Attorneys for Plaintiffs ARISTA MUSIC, ARISTA
RECORDS, LLC, LAFACE RECORDS LLC, SONY
MUSIC ENTERTAINMENT, SONY MUSIC
ENTERTAINMENT US LATIN LLC, and ZOMBA
RECORDING LLC

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ATTESTATION PURSUANT TO CIVIL LOCAL RULE 5-1
I, Gregory S. Silbert, am the ECF user whose identification and password are being used to

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file this Stipulation and [Proposed] Scheduling Order Regarding Jurisdictional Discovery. In

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compliance with Civil Local Rules 5-1(c)(4) and 5-1(i)(3), I hereby attest that Todd A. Roberts and

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Jeffrey G. Knowles concurred in this filing.

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Dated: July 7, 2016

/s/ Gregory S. Silbert
GREGORY S. SILBERT

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IT IS SO ORDERED.

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Dated:____________________
7/8/16

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Honorable Richard Seeborg
United States District Court Judge

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STIPULATION AND [PROPOSED] SCHEDULING
ORDER REGARDING JURISDICTIONAL
DISCOVERY

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CASE NO. 16-CV-00951-RS