Lenz v. Universal Music Group Inc. et al

Filing 381

STIPULATION AND ORDER RE CASE MANAGEMENT SCHEDULE re 380 . Signed by Judge Jeremy Fogel on 3/10/11. (dlm, COURT STAFF) (Filed on 3/11/2011)

Lenz v. Universal Music Group Inc. et al

Doc. 381

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ELECTRONIC FRONTIER FOUNDATION KURT OPSAHL #191303 CORYNNE MCSHERRY #221504 JULIE SAMUELS (pro hac vice) 454 Shotwell Street San Francisco, CA 94110 Telephone: [phone] Facsimile: [phone] Email: [e-mail]; [e-mail] Email: [e-mail]

KEKER & VAN NEST LLP ASHOK RAMANI - #200020 MICHAEL S. KWUN -#198945 Attorneys for Defendants 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 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.

KELLY M. KLAUS (SBN 161091) [e-mail] MELINDA E. LEMOINE (SBN 235670) [e-mail] L. ASHLEY AULL (SBN 257020) [e-mail] MUNGER, TOLLES & OLSON LLP 355 South Grand Avenue Thirty-Fifth Floor Los Angeles, CA 90071-1560 Telephone: [phone] Facsimile: [phone]

Case No. C 07-03783-JF JOINT STIPULATION AND ------------------- ORDER RE CASE [PROPOSED] MANAGEMENT SCHEDULE Judge: The Hon. Jeremy Fogel

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JOINT STIPULATION AND [PROPOSED] ORDER RE CASE MANAGEMENT SCHEDULE CASE NO. C 07-03783-JF Dockets.Justia.com

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Plaintiff Stephanie Lenz ("Plaintiff" or "Lenz") and Defendants Universal Music Corp., Universal Music Publishing, Inc. and Universal Musical Publishing Group ("Defendants" or "Universal"), by and through their respective counsel of record, hereby declare and stipulate as follows: WHEREAS, the current Case Management Schedule, stipulated to by the parties and entered by the Court, set a schedule for, inter alia, the filing of dispositive motions (by October 18, 2010) and for trial (May 9, 2011) (Doc. No. 291); WHEREAS, on October 18, 2010, the parties each filed their opening papers in support of their respective motions for summary judgment; WHEREAS, on October 22, 2010, Magistrate Judge Trumbull issued an order directing Plaintiff to produce certain documents and appear for further deposition, which documents and testimony had been previously withheld under a claim of privilege that Universal argued Plaintiff had waived; WHEREAS, on November 2, 2010, Plaintiff filed a Motion for Relief from Magistrate Judge Trumbull's Order; WHEREAS, on November 4, 2010, this Court entered an Order approving the parties' stipulation to adjourn the then-current schedule for completing summary judgment briefing pending the completion of the discovery ordered by Magistrate Judge Trumbull's Order; WHEREAS, on November 17, 2010, this Court entered an Order Overruling Plaintiff's Objections to Discovery Order; WHEREAS, on December 17, 2010, Defendants filed a Motion to Find Plaintiff in Contempt for Violation of October 22, 2010 Order, to Compel Compliance and In Camera Review, and for Sanctions (hereinafter "Defendants' Motion"); WHEREAS, on February 8, 2011, Magistrate Judge Lloyd heard oral argument and took Defendants' Motion under submission; WHEREAS, as of the date of this Stipulation, Defendants' Motion remains under submission before Magistrate Judge Lloyd;
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WHEREAS, the parties have agreed to defer the deposition of Plaintiff ordered by Magistrate Judge Trumbull's Order pending the resolution of Defendants' Motion and any production of additional documents; WHEREAS, Universal intends to incorporate documents produced by Plaintiff and her forthcoming deposition testimony into the remaining briefing on the summary judgment motions; WHEREAS, on November 4, 2011, this Court entered an Order vacating the summary judgment briefing schedule in light of the foregoing, and with an agreement from the parties to meet and confer about an appropriate schedule for the conclusion of the summary judgment briefing schedule upon completion of outstanding discovery (Doc. No. 349); WHEREAS, with the current trial date of May 9, 2011, the parties face impending pretrial deadlines before the summary judgment briefing is complete or the motion resolved; WHEREAS, the parties believe that, it would conserve party and judicial resources for the Court to vacate the current trial date, so that Defendants' Motion may be resolved, remaining discovery may be completed, and the parties may conclude the summary judgment briefing and present their respective motions to the Court for resolution.

ACCORDINGLY, THE PARTIES STIPULATE AS FOLLOWS: [1] Upon resolution of Defendants' Motion, the parties will meet and confer regarding a) an appropriate schedule for the required remaining discovery, including the deposition of Plaintiff, with a presumption that Plaintiff's deposition will be within 10 Court days of either the production of any additional documents ordered produced or the date of the order, but subject to reasonable adjustments to accommodate the schedules of counsel and the parties; b) an appropriate schedule for concluding the briefing of their respective motions for summary judgment, with a presumptive schedule that oppositions will be due two weeks after the additional discovery is complete, with replies due two weeks after
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oppositions and a hearing set as soon as the Court's schedule will allow thereafter, but subject to reasonable adjustments to accommodate the schedules of counsel and the parties; and c) an appropriate proposed schedule for pre-trial and trial dates, subject to the Court's availability and the schedules of counsel and the parties. IN SUPPORT OF SAID STIPULATION: A. Pursuant to Civil Local Rule 6-2(a)(1), the parties state that the time

modifications set forth above are requested for the purpose of setting an orderly schedule for resolution of Defendants' Motion to Find Plaintiff in Contempt for Violation of October 22, 2010 Order, to Compel Compliance and In Camera Review, and for Sanctions and their respective motions for summary judgment; B. Pursuant to Civil Local Rule 6-2(a)(2), the parties disclose the following previous

time modifications in this case: (1) August 20, 2007 (Docket No. 8), time to respond to first amended complaint; (2) October 11, 2007 (Docket No. 19), briefing schedule on Universal's motion to dismiss and special motion to strike; (3) November 16, 2007 (Docket No. 26), briefing schedule on Universal's motion to dismiss and special motion to strike; (4) April 30, 2008 (Docket No. 35), time to respond to second amended complaint; (5) August 29, 2008 (Docket No. 46), time to respond to second amended complaint and briefing schedule for motion for to certify for interlocutory appeal; (6) April 15, 2009 (Docket No. 63), briefing schedule for motion for protective order; (7) September 9, 2009 (Docket No. 166), briefing schedule for administrative motion;
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(8)

September 14, 2009 (Docket No. 176), modifications to case management schedule;

(9)

November 3, 2009 (Docket No. 206), briefing schedule on Plaintiff's motion for summary judgment on certain of Universal's affirmative defenses; and

(10) July 16, 2010 (Docket No. 291), modifications to case management schedule; (11) November 4, 2010 (Docket No. 349), modifications to case management schedule;

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C.

Pursuant to Civil Local Rule 6-2(a)(3), the parties state that the requested time

modifications will affect the briefing schedule for and hearing on the parties motions for summary judgment and as well all pre-trial dates and the trial date. IT IS SO STIPULATED. Dated: March 8, 2011 ELECTRONIC FRONTIER FOUNDATION

By: ______/s/ Corynne McSherry______ CORYNNE MCSHERRY Attorneys for Plaintiff STEPHANIE LENZ Dated: March 8, 2011 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: 3/10/11

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. 5

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