Grateful Dead Productions et al v. Sagan et al

Filing 211

ORDER Directing Parties to Clarify Operative Causes of Action in Advance of November 17 Hearing. In addition by 11/12/08 at 3:00pm the moving parties SHALL deliver to the Court, by way of the Clerk's Office, a tabbed three ring binder containing the opening brief and any supporting documents. Signed by Judge James Ware on October 29, 2008. (jwlc3, COURT STAFF) (Filed on 10/29/2008) Modified on 11/4/2008 (cv, COURT STAFF).

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1 2 3 4 5 6 7 8 9 10 Grateful Dead Productions, et al., v. Plaintiffs, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 06-07727 JW ORDER DIRECTING PARTIES TO CLARIFY OPERATIVE CAUSES OF ACTION IN ADVANCE OF NOVEMBER 17 HEARING / United United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 William Sagan, et al., Defendants. Between October 20 and October 21, 2008, a number of the parties to this action filed a total of seven stipulations of dismissal, pursuant to the terms of confidential settlement agreements reached between those parties.1 Nonetheless, there are still two motions to dismiss pending before the Court, both of which are set to be heard on November 17, 2008.2 Given the numerous parties and claims involved in this case, the Court seeks clarification on the impact of the settlement agreements on the pending motions to dismiss. Accordingly, on or before October 31, 2008, the parties shall file a Joint Statement, in which the parties shall identify the remaining parties to this action, and articulate those parties' relationships to each remaining cause of action. In doing so, the parties shall make clear which, if any, aspects of their motions to dismiss have been mooted by the stipulations of dismissal. 1 2 (See Docket Item Nos. 204, 205, 206, 207, 208, 209, 210.) (Defendants' Motion to Dismiss Plaintiffs' Eleventh and Twelfth Claims, Docket Item No. 186; Plaintiffs' Motion to Dismiss Defendants' Fourth, Seventh, Eighth, Ninth, Tenth, and Eleventh Counterclaims, Docket Item No. 188.) 1 2 3 4 5 6 7 8 9 10 In addition, on or before November 12, 2008 at 3 p.m., the moving parties shall deliver to the Court, by way of the Clerk's Office, a tabbed three ring binder containing (1) the opening brief, (2) the opposition, (3) the reply, and any supporting declarations and documents upon which they intend to rely upon at the November 17 hearing. Dated: October 29, 2008 JAMES WARE United States District Judge United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 2 3 4 5 6 7 8 9 10 THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Andrew P. Bridges abridges@winston.com Erin Rose Ranahan eranahan@winston.com Jeffrey Harlan Reeves jreeves@gibsondunn.com Jennifer A. Golinveaux jgolinveaux@winston.com Joshua Aaron Jessen jjessen@gibsondunn.com Laura Marie Sturges lsturges@gibsondunn.com Michael S. Elkin melkin@winston.com Rebecca Yuan Lawlor rcalkins@winston.com Susan Ashlie Beringer aberinger@gibsondunn.com Thomas P. Lane tlane@winston.com Tracy Lorraine Marchant Tmarchant@gibsondunn.com Dated: October 29, 2008 Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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