Shloss v. Joyce

Filing 44

Shloss v. Joyce

Doc. 44

IRELL & MANELLA LLP Richard B. Kendall (90072) 2 Richard M. Simon (240530) Julie A. Mandelsohn (252640) 3 1800 Avenue of the Stars, Suite 900 Los Angeles, California 90067-4276 4 Telephone: [phone] Facsimile: [phone] 5 Attorneys for Defendants 6 Harmonix Music Systems, Inc., Viacom International Inc. and Electronic Arts Inc. 7 STRANGE & CARPENTER 8 Brian R. Strange (103252) Gretchen Carpenter (180525) 9 12100 Wilshire Blvd, Suite 1900 Los Angeles, CA 90025 10 Telephone: [phone] Facsimile: [phone] 11 Attorneys for Plaintiffs 12 Monte Morgan and F. Jason Vasquez
13 14 15 16 MONTE MORGAN and F. JASON VASQUEZ, on behalf of themselves and all 17 others similarly situated, 18 19 20 21 22 23 24 25 26 27 28
I R E L L & MANELLA LLP
A Registered Limited Liability

1

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

) ) ) ) ) Plaintiffs, ) vs. ) ) ) HARMONIX MUSIC SYSTEMS, INC., a corporation; MTV NETWORKS, a division of ) VIACOM INTERNATIONAL, INC., a ) corporation; ELECTRONIC ARTS INC., a ) corporation; and DOES Through 10, ) ) Defendants. ) ) )

Case No. CV085211BZ Case assigned to Hon. Bernard Zimmerman JOINT MOTION FOR ADMINISTRATIVE RELIEF RE: FOUR WEEK CONTINUANCE OF THE APRIL 13, 2009 INITIAL CASE MANAGEMENT CONFERENCE AND FOUR WEEK EXTENSION OF INITIAL DISCLOSURE AND CASE MANAGEMENT DEADLINES AND OF TIME TO RESPOND TO FIRST AMENDED COMPLAINT Complaint Filed: November 18, 2008 First Amended Complaint Filed: December 23, 2008

Professional Corporations 2025276. 1

JOINT MOTION TO CONTINUE CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES AND TO EXTEND TIME TO RESPOND TO COMPLAINT

Dockets.Justia.com

1

Pursuant to Northern District Local Rule 7-11 and 7-12, Plaintiffs Monte Morgan and

2 F. Jason Vasquez ("Plaintiffs") and defendants Harmonix Music Systems, Inc., MTV Networks, a 3 division of Viacom International Inc., and Electronic Arts Inc. (collectively, "Defendants"), 4 through their respective counsel, hereby jointly request that the Court continue the Initial Case 5 Management Conference, currently scheduled for April 13, 2009, until May 11, 2009 (four 6 weeks), or until such time thereafter as is convenient for the Court; that the Court grant a four 7 week extension to each of the deadlines set forth in the Court's February 19, 2009 Order Granting 8 Joint Motion For Administrative Relief Re: Four Week Continuance Of The March 16, 2009 9 Initial Case Management Conference And Extension Of Initial Disclosure And Case Management
10 Deadlines ("February 19 Scheduling Order") and that the Court grant a four week extension of 11 Defendants' time to respond to the First Amended Complaint, through April 13, 2009. A copy of 12 the February 19 Scheduling Order is attached hereto as Exhibit A. 13
This Motion is based on the concurrently filed Joint Stipulation To Extend Initial

14 Disclosure And Case Management Deadlines And Time To Respond To First Amended 15 Complaint, all pleadings and papers on file in this action, and facts of which the Court may take 16 judicial notice. 17
As set forth in the Joint Stipulation, the parties believe that a four-week continuance of the

18 Initial Case Management Conference, to May 11, 2009, and a four week extension of the deadlines 19 set forth in the February 19 Scheduling Order, as well as a four week extension of the Defendants' 20 time to respond to the First Amended Complaint until April 13, will serve the interest of judicial 21 economy and efficiency. The parties have been in communication regarding a possible resolution 22 of this case and have needed to conduct factual research relating to the parameters of possible 23 settlement. The parties believe that these discussions could result in a resolution of some or all of 24 the claims asserted by Plaintiffs and may substantially affect the parties' initial disclosures and the 25 issues to be addressed in the Joint Case Management Statement and Rule 26 disclosures, and, 26 accordingly, that an extension will enable a more productive Initial Case Management Conference. 27 // 28 //
-i 2025276.1 JOINT MOTION TO CONTINUE CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES AND TO EXTEND TIME TO RESPOND TO COMPLAINT

1

For the foregoing reasons, the parties respectfully request that the Court's Scheduling

2 Order be modified as follows: 3
Last day to: Event Date per Feb. 19 Order Modified Date April 20, 2009

4 · meet and confer re: initial disclosures, early March 23, 2009 settlement, ADR process selection, and 5 discovery plan · file ADR Certification signed by Parties 6 and Counsel
· file either Stipulation to ADR Process or Notice of Need for ADR Phone Conference Last day to file Rule 26(f) Report, complete 8 initial disclosures or state objection in Rule April 6, 2009 26(f) Report and file Case Management 9 Statement INITIAL CASE MANAGEMENT April 13, 2009 10 CONFERENCE 4:00 PM, Courtroom G

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May 4, 2009 May 11,2009 4:00 PM, Courtroom G

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In addition, the parties respectfully request that the Defendants' time to respond to the First

12 Amended Complaint be extended four weeks, from March 16, 2009 to April 13,2009. 13
A Proposed Order granting this motion and adopting the parties Stipulation is filed

14 concurrently herewith. 15 16 Dated: March 12, 2009 17 18 19 20 21 22 23 Dated: March 12, 2009 24 25 26 27 28
-22025276.1 JOINT MOTION TO CONTINUE CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES AND TO EXTEND TIME TO RESPOND TO COMPLAINT

IRELL & MANELLA LLP Richard B. Kendall Richard M. Simon Julie A. Mandelsohn

By:

/s/ Richard B. Kendall Richard B. Kendall* Attorneys for Defendants Harmonix Music Systems, Inc., Viacom International, Inc. & Electronic Arts Inc.

STRANGE & CARPENTER Brian R. Strange Gretchen Carpenter

By:

/s/ Brian R. Strange Brian R. Strange Attorneys for Plaintiffs Monte Morgan & F. Jason Vasquez

1

* I, Richard B. Kendall, am the ECF user whose ID and password are being used to file this Joint

2 Motion. In compliance with General Order 45.X.B, I hereby attest that Brian R. Strange has 3 concurred with this filing. 4 5 6 7 8 9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
-32025276.1 JOINT MOTION TO CONTINUE CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES AND TO EXTEND TIME TO RESPOND TO COMPLAINT