Lenz v. Universal Music Group Inc. et al

Filing 176

STIPULATION AND ORDER RE (1) STAYING PART C.4 OF MAGISTRATE JUDGE SEEBORG'S AUGUST 25, 2009 ORDER, (2) DISCOVERY MATTERS, AND (3) MODIFYING THE CASE MANAGEMENT SCHEDULE (approving 172 ). Signed by Judge Jeremy Fogel on 9/14/2009. (jflc2, COURT STAFF) (Filed on 9/14/2009)

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ELECTRONIC FRONTIER FOUNDATION FRED VON LOHMANN #192657 KURT OPSAHL #191303 CORYNNE MCSHERRY #221504 454 Shotwell Street San Francisco, CA 94110 Telephone: [phone] Facsimile: [phone] Email: [e-mail]; [e-mail] [e-mail] FOLGER LEVIN & KAHN LLP MICHAEL F. KELLEHER SUZANNE ELIZABETH RODE 275 Battery Street, Suite 2300 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Email: [e-mail]; [e-mail] KEKER & VAN NEST LLP ASHOK RAMANI - #200020 MICHAEL S. KWUN -#198945 MELISSA J. MIKSCH - #249805 710 Sansome Street San Francisco, CA 94111-1704 Telephone: [phone] Facsimile: [phone] Email: [e-mail]; [e-mail] Email: [e-mail] Attorneys for Plaintiff

KELLY M. KLAUS (SBN 161091) [e-mail] MELINDA E. LEMOINE (SBN 235670) [e-mail] MUNGER, TOLLES & OLSON LLP 355 South Grand Avenue Thirty-Fifth Floor Los Angeles, CA 90071-1560 Telephone: [phone] Facsimile: [phone]

Attorneys for Defendants

**E-Filed 9/14/2009**

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION STEPHANIE LENZ, Plaintiff, v. UNIVERSAL MUSIC CORP., UNIVERSAL MUSIC PUBLISHING, INC., and UNIVERSAL MUSIC PUBLISHING GROUP, Defendants. Case No. C 07-03783-JF ----------------STIPULATION AND [PROPOSED] ORDER RE [1] STAYING PART C.4 OF MAGISTRATE JUDGE SEEBORG'S AUGUST 25, 2009 ORDER, [2] DISCOVERY MATTERS, AND [3] MODIFYING THE CASE MANAGEMENT SCHEDULE Judge: The Hon. Jeremy Fogel

450354.03

JOINT STIPULATION AND [PROPOSED] ORDER RE [1] STAYING PART C.4 OF MAGISTRATE JUDGE SEEBORG'S AUGUST 25, 2009 ORDER, [2] DISCOVERY MATTERS, AND [3] MODIFYING THE CASE MANAGEMENT SCHEDULE CASE NO. C 07-03783-JF

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Plaintiff Stephanie Lenz ("Plaintiff") and Defendants Universal Music Corp., Universal Music Publishing, Inc. and Universal Musical Publishing Group ("Defendants"), by and through their respective counsel of record, hereby declare and stipulate as follows: WHEREAS, on July 11, 2009, this Court adopted the following Case Management Schedule: a) Fact discovery cutoff: September 24, 2009 b) Designation of affirmative experts: October 15, 2009. c) Designation of rebuttal experts: November 16, 2009. d) Expert discovery cut-off: December 15, 2009. e) Last day to file dispositive motions: January 14, 2010. f) Pretrial conference: March 5, 2010. g) Trial: March 19, 2010; WHEREAS Magistrate Judge Seeborg entered an order on August 25, 2009 (the "Order"), ordering each party to produce additional documents within 20 days of the Order (i.e. September 14, 2009); WHEREAS Defendants on August 28, 2009 filed a motion before Magistrate Judge Seeborg for leave to file a motion for reconsideration of the portion of the Order requiring them to add Raul Gonzalez as an additional custodian for purposes of its document production (the "Motion for Leave"), and Magistrate Judge Seeborg on September 1, 2009 ordered that Plaintiff file a response to the Motion for Leave; WHEREAS Defendants on September 9, 2009 filed before Judge Fogel objections to the portion of the Order (Section II.C.4) that overruled their assertion of privilege over certain communications between Defendants and Prince (the "Objections"); WHEREAS Plaintiff expects that the documents that are the subject of the Motion for Leave and the Objections would, if produced, affect her preparation for the taking of the depositions of Defendants' witnesses; WHEREAS the parties have met and conferred about discovery scheduling in light of the 1
JOINT STIPULATION AND [PROPOSED] ORDER RE [1] STAYING PART C.4 OF MAGISTRATE JUDGE SEEBORG'S AUGUST 25, 2009 ORDER, [2] DISCOVERY MATTERS, AND [3] MODIFYING THE CASE MANAGEMENT SCHEDULE CASE NO. C 07-03783-JF

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Order, the Motion for Leave, and the anticipated Objections; WHEREAS, pursuant to Civil Local Rule 6-2(a)(1), the parties state that the time modifications set forth below are requested for the following reason: The parties have agreed to stipulate to modification of the Case Management Schedule (as set forth below), in order to minimize the possible need to take depositions multiple times, and/or to litigate over whether it is appropriate to re-open depositions; WHEREAS, pursuant to Civil Local Rule 6-2(a)(2), the parties disclose that there have been seven previous stipulated time modifications in this case (August 20, 2007 [Docket No. 8], October 11, 2007 [Docket No. 19], November 16, 2007 [Docket No. 26], April 30, 2008 [Docket No. 35], August 29, 2008 [Docket No. 46], April 15, 2009 [Docket No. 63], and September 3, 2009 [Docket No. 164]). These modifications related to the briefing schedules and hearing dates for the prior Motions to Dismiss and Motion to Certify, the briefing schedule for Plaintiff's Motion for a Protective Order, the date for the July 18, 2008 Case Management Conference, and the briefing schedule for Plaintiff's Administrative Motion to Modify the Case Management Schedule; and WHEREAS, pursuant to Civil Local Rule 6-2(a)(3), the parties state that the requested time modifications herein may, depending on the timing of additional events, require rescheduling of the trial date as well as several pre-trial deadlines; ACCORDINGLY, THE PARTIES STIPULATE AS FOLLOWS: (1) Section II.C.4 of Magistrate Judge Seeborg's August 25, 2009 Order is STAYED. If Judge Fogel vacates Section II.C.4 of that Order, the stay will terminate as moot. Otherwise, the stay will terminate at the latest of the following dates: a) Twenty days after the deemed denial of the Objections pursuant to Local Rule 72-2; b) Twenty days after an order denying all or part of the Objections; or c) If the Court denies all or part of the Objections, such period longer than twenty days that the Court may grant upon Universal's request (Plaintiff reserves the 2
JOINT STIPULATION AND [PROPOSED] ORDER RE [1] STAYING PART C.4 OF MAGISTRATE JUDGE SEEBORG'S AUGUST 25, 2009 ORDER, [2] DISCOVERY MATTERS, AND [3] MODIFYING THE CASE MANAGEMENT SCHEDULE CASE NO. C 07-03783-JF

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right to object to a longer period).. (2) The current Case Management Schedule is VACATED. Upon resolution of the Motion for Leave and the anticipated Objections, the parties will meet and confer and submit a joint statement seeking entry of a new Case Management Schedule. The parties now stipulate, and the new Case Management Schedule shall provide, that: a) No further written fact discovery beyond that propounded prior to September 3, 2009 will be propounded, and absent leave of court, no fact depositions that were not noticed prior to September 3, 2009 will be taken; b) A party may move for leave to take additional depositions, and the agreement in (a) shall not preclude a party from making such a motion; and c) Insofar as is practical, the deadlines in the new case management schedule for deadlines after the close of fact discovery will roughly parallel the current schedule in terms of days allowed for each task. (3) Plaintiff's pending Administrative Motion, filed August 31, 2009 (Doc. No. 160) is withdrawn as moot. (4) The parties shall produce those documents that are subject to Magistrate Judge Seeborg's August 25, 2009 Order, and that are not the subject of Defendants' pending Motion for Leave or Defendants' Objections, by hand delivery or electronic transmission by noon on September 14, 2009. (5) The deposition of Plaintiff Stephanie Lenz shall proceed, as noticed, on September 16, 2009, at 9:00 a.m., at the San Francisco office of Defendants' counsel.

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JOINT STIPULATION AND [PROPOSED] ORDER RE [1] STAYING PART C.4 OF MAGISTRATE JUDGE SEEBORG'S AUGUST 25, 2009 ORDER, [2] DISCOVERY MATTERS, AND [3] MODIFYING THE CASE MANAGEMENT SCHEDULE CASE NO. C 07-03783-JF

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IT IS SO STIPULATED.

Dated: September 10, 2009

KEKER & VAN NEST LLP

By: ______/s/ Melissa J. Miksch______ MELISSA J. MIKSCH Attorneys for Plaintiff STEPHANIE LENZ Dated: September 10, 2009 MUNGER, TOLLES & OLSON LLP

By: _______/s/ Kelly M. Klaus________ KELLY M. KLAUS Attorneys for Defendants UNIVERSAL MUSIC CORP., UNIVERSAL MUSIC PUBLISHING, INC. and UNIVERSAL MUSIC PUBLISHING GROUP PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated: 9/14/2009 By: __________________________________ HON. JEREMY FOGEL United States District Judge

Electronically signed by Plaintiff's counsel with the concurrence of Defendants' counsel. N.D. Cal. G.O. 45 ¶ X.B. 4
JOINT STIPULATION AND [PROPOSED] ORDER RE [1] STAYING PART C.4 OF MAGISTRATE JUDGE SEEBORG'S AUGUST 25, 2009 ORDER, [2] DISCOVERY MATTERS, AND [3] MODIFYING THE CASE MANAGEMENT SCHEDULE CASE NO. C 07-03783-JF

450354.03