Capitol Records, LLC et al v. Burcham et al

Filing 22

ORDER Granting 21 Motion to Stay. Signed by Judge Gonzalo P. Curiel on 1/18/18. (dlg)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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CAPITOL RECORDS, LLC, CAPITOL
CHRISTIAN MUSIC GROUP, INC.,
BEECHWOOD MUSIC CORP.,
COLGEMS-EMI MUSIC INC., EMI
APRIL MUSIC INC., EMI
BLACKWOOD MUSIC INC., EMI
CONSORTIUM MUSIC PUBLISHING,
INC. D/B/A EMI FULL KEEL MUSIC,
EMI GOLDEN TORCH MUSIC CORP.,
EMI CONSORTIUM SONGS, INC.
D/B/A EMI LONGITUDE MUSIC, EMI
AL GALLICO MUSIC CORP., EMI
ALGEE MUSIC CORP., EMI FEIST
CATALOG INC., EMI GOLD
HORIZON MUSIC CORP., EMI
GROVE PARK MUSIC INC., EMI
HASTINGS CATALOG INC., EMI
MILLS MUSIC, INC., EMI MILLER
CATALOG INC., EMI ROBBINS
CATALOG INC., EMI U CATALOG
INC., EMI UNART CATALOG INC.,
JOBETE MUSIC CO. INC., SCREEN
GEMS-EMI MUSIC INC., and STONE
DIAMOND MUSIC CORPORATION.

Case No. 3:17-cv-01314-GPC-JMA

ORDER ENTERING STIPULATED
STAY

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3:17-cv-01314-GPC-JMA
ORDER ENTERING STIPULATED STAY

Plaintiffs,

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vs.
LESLIE A. BURCHAM, Individually and
as Trustee of the SKL Trust, and
MICHAEL HAMMER (f/k/a MICHAEL
ROBERTSON), Individually and as
Trustee of the SKL Trust,
Defendants.

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3:17-cv-01314-GPC-JMA
ORDER ENTERING STIPULATED STAY

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Having considered the parties’ Joint Motion to Enter Stipulated STAY or
Adjournment, the Court hereby GRANTS the joint motion.

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IT IS HEREBY ORDERED that:

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1.

This Action shall be stayed. Such stay shall continue until either: (a)

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the Plaintiffs file a notice that the terms of the parties’ settlement agreement have

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been satisfied and dismissing the Action with prejudice; (b) the Plaintiffs file a

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declaration stating that the terms of the parties’ settlement agreement have not been

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satisfied or that Defendants are otherwise in material breach; or (c) July 31, 2020,

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whichever is earlier.

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2.

In the event of a notice by Plaintiffs under Paragraph 1(a) or, if

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Plaintiffs have not submitted a declaration under Paragraph 1(b) by July 31, 2020,

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this Action shall be dismissed with prejudice.

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3.

In the event Plaintiffs submit to the Court a declaration under Paragraph

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1(b) prior to July 31, 2020, the Action shall resume at that time. If the Action

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resumes pursuant to this paragraph, the lapsed time between the date this Action was

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initiated and the resumption of this Action may not be invoked by either party as a

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basis for relief, and shall be excluded from consideration in any calculation of time

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supporting arguments based on theories of laches, estoppel, the statute of limitations

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or the doctrine of repose.

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4.

This Court shall exercise continuing jurisdiction for purposes of the

stay of this Action.

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IT IS SO ORDERED.
Dated: January 18, 2018

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ORDER ENTERING STIPULATED STAY

3:17-cv-01314-GPC-JMA