Shloss v. Joyce

Filing 47

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Shloss v. Joyce Doc. 47 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: (310)277-1010 Facsimile: (310)203-7199 1 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 10 Telephone: 11 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, ) ) ) Case No. CV085211BZ Case assigned to Hon. Bernard Zimmerman JOINT MOTION FOR ADMINISTRATIVE RELIEF RE: FOUR WEEK CONTINUANCE OF THE MAY 1 8, 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 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Attorneys for Plaintiffs Los Angeles, CA 90025 (310)207-5055 Facsimile: (310)826-3210 18 19 20 21 22 23 24 25 26 27 28 IRELL & MANELLA LLP A Registered Limited Liability Professional Corporations ) ) ) 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. ) ) Plaintiffs, ) ) 2040043.1 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 Rules 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 May 18, 2009, until June 15, 2009 (four weeks), 6 or until such time thereafter as is convenient for the Court; that the Court grant a four week 7 extension to each of the deadlines set forth in the Court's March 13, 2009 Order Granting Joint 8 Motion For Administrative Relief Re: Four Week Continuance Of The April 13,2009 Initial Case 9 Management Conference And Extension Of Initial Disclosure And Case Management Deadlines 10 And Of Time To Respond To First Amended Complaint ("March 13 Order"), including a four 11 week extension of Defendants' time to respond to the First Amended Complaint, through May 11, 12 2009. A copy of the March 13 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 June 15, 2009, and a four week extension of the deadlines 19 set forth in the March 13 Scheduling Order, including a four week extension of the Defendants' 20 time to respond to the First Amended Complaint until May 11, 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 2040043.1 JOINT MOTION TO CONTINUE CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES AND TO EXTEND TIME TO RESPOND TO COMPLAINT 1 3 For the foregoing reasons, the parties respectfully request that the Court's Scheduling 2 Order be modified as follows: Event Last day to: Date per Mar. 13 Order Modified Date May 18, 2009 4 meet and confer re: initial disclosures, early April 20, 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 May 4, 2009 26(f) Report and file Case Management 9 Statement AL May 18, 2009 10 INITIFERCASE MANAGEMENT CON ENCE 4:00 PM, Courtroom G 7 June 1,2009 June 15, 2009 4:00 PM, Courtroom G 11 In addition, the parties respectfully request that the Defendants' time to respond to the First 12 Amended Complaint be extended four weeks, from April 13, 2009 to May 11, 2009. 13 A Proposed Order granting this motion and adopting the parties' Stipulation is filed 14 concurrently herewith. 15 16 Dated: April 7, 2009 17 18 19 20 21 22 23 Dated: April 7, 2009 24 25 26 By: /s/ Gretchen A. Carpenter Gretchen A. Carpenter Attorneys for Plaintiffs Monte Morgan & F. Jason Vasquez By: /s/ Richard B. Kendall Richard B. Kendall* Attorneys for Defendants Harmonix Music Systems, Inc., Viacom International, Inc. & Electronic Arts Inc. IRELL & MANELLA LLP Richard B. Kendall Richard M. Simon Julie A. Mandelsohn STRANGE & CARPENTER Brian R. Strange Gretchen Carpenter 27 28 -22040043.1 JOINT MOTION TO CONTINUE CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES AND TO EXTEND TIME TO RESPOND TO COMPLAINT 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 Gretchen A. Carpenter 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 -32040043.1 JOINT MOTION TO CONTINUE CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES AND TO EXTEND TIME TO RESPOND TO COMPLAINT

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