The Learning Company,et al v. Zynga Inc.

Filing 53

STATUS REPORT on Settlement by HMH Consumer Company Ltd., The Learning Company. (Hosp, Richard)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS

THE LEARNING COMPANY, a division of
HOUGHTON MIFFLIN HARCOURT
PUBLISHING COMPANY, and HMH
CONSUMER COMPANY LTD.
Civil Action No. 1:11-cv-10894-MLW
Plaintiffs,
v.
ZYNGA INC.
Defendant.

PLAINTIFFS’ REPORT ON SETTLEMENT
Pursuant to this Court’s June 20, 2011 Order (see Dkt. Entry No. 50) (“Order”), Plaintiffs
hereby report on the status of settlement discussions between the parties.
In its Order, the Court directed that “[t]he parties shall meet at least once and, by July 22,
2011, inform the court whether this case has been settled.” Order at 1.
On June 24, 2011, in response to the Court’s Order, Plaintiffs sent Zynga an offer of
compromise with proposed terms for settlement via email. Plaintiffs requested that Zynga
review the settlement offer and inform Plaintiffs whether Zynga believed further settlement
discussions would be fruitful so that the parties could comply with the Court’s order.
Having heard no response from Zynga for two weeks, Plaintiffs sent Zynga a draft joint
schedule and in the cover letter reminded Zynga of the parties’ obligation to meet regarding
settlement. Plaintiffs referenced their June 24 settlement offer and requested that Zygna, at a
minimum, inform Plaintiffs whether they intend to respond to that offer.

LIBA/2200841.1

On July 15, 2011, the parties conferred regarding the joint schedule by phone. After
discussing the schedule, counsel for Plaintiffs inquired whether there was anything else to
discuss. Counsel for Zynga indicated that there was not.
On the afternoon of the day on which this report was due to the Court, counsel for Zynga
informed Plaintiffs’ counsel via email that Zynga will not accept Plaintiffs’ proposed settlement
terms.
Accordingly, Plaintiffs report that settlement has not been reached in this matter.

Respectfully submitted,
THE LEARNING COMPANY, a division of
HOUGHTON MIFFLIN HARCOURT
PUBLISHING COMPANY, and HMH
CONSUMER COMPANY LTD.
By their attorneys,
/s/ R. David Hosp
R. David Hosp (BBO # 634091)
Mark S. Puzella (BBO # 644850)
Sheryl Koval Garko (BBO # 657735)
Erin M. Michael (BBO # 672904)
GOODWIN PROCTER LLP
53 State Street
Boston, Massachusetts 02109
Tel.: [phone]
Fax: [phone]
E-Mail: [e-mail]
[e-mail]
[e-mail]
[e-mail]

Dated: July 22, 2011

2
LIBA/2200841.1

CERTIFICATE OF SERVICE
I, R. David Hosp, hereby certify that this document filed through the ECF system will be
sent electronically to the registered participants as identified on the Notice of Electronic Filing
(NEF) and paper copies will be sent to those indicated as non-registered participants on July 22,
2011.
/s/ R. David Hosp_____________

3
LIBA/2200841.1