Broadcast Music, Inc. et al v. Lady Godiva's, Inc. et al
Filing
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PROPOSED STIPULATION and ORDER by defendants Lady Godiva's Inc., Mark London, Sensations, Inc. (Pfeiffle, Alexander)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
_________________________
BROADCAST MUSIC, INC.,; E.O. SMITH MUSIC;
UNIVERSAL MUSIC-Z TUNES LLC d/b/a
UNIVERSAL MUSIC Z SONGS; EMI BLACKWOOD
MUSIC, INC.;
Plaintiffs,
Case No. 1:11-cv-01001-RHB
v
Hon. Robert Holmes Bell
Chief, U.S. District Judge
LADY GODIVA’S, INC., d/b/a LADY GODIVA’S;
MARK LONDON, individually, and
SENSATIONS, INC., d/b/a SENSATIONS,
Defendants.
HOWARD & HOWARD ATTORNEYS PLLC
By:
Patrick M. McCarthy (P49100)
101 N. Main, Suite 610
Ann Arbor, MI 48104-1475
(734) 222-1097 – phone
(734) 761-5957 – fax
Attorney for Plaintiffs/Counter-Defendants
Email – pmm@h2law.com
PFEIFFLE LAW OFFICE, P.C.
By:
Alexander B. Pfeiffle (P73858)
9457 Crest Circle Dr. NE
Rockford, MI 49341
(616) 633-8417 – phone
(616) 884-5147 – fax
Attorney for Defendants/Counter-Plaintiffs
Email – pfeifflelaw@gmail.com
HOWARD & HOWARD ATTORNEYS PLLC
By:
Michelle M. Wezner (P58671)
450 West Fourth Street
Royal Oak, MI 48067-2557
(248) 723-0355 – phone
(734) 645-1568 – fax
Attorney for Plaintiffs/Counter-Defendants
Email – mmw@h2law.com
STIPLULATED ORDER EXTENDING DEADLINE
FOR DEFENDANTS/COUNTER-PLAINTIFFS TO RESPOND TO PLAINTIFFS’
COMBINED MOTION FOR 12(b)(6) DISMISSAL OF COUNTERCLAIM
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1.
On or about September 20, 2011, Plaintiffs Broadcast Music, Inc. (“BMI”), E.O.
Smith Music, Universal Music-Z Tunes LLC d/b/a Universal Music Z Songs, and EMI
Blackwood Music, Inc. filed their Complaint in this Court.
2.
On October 25, 2011, Defendants Lady Godiva’s, Inc., d/b/a Lady Godiva’s and
Mark London filed their Answer. That same day Lady Godiva’s and Sensations, Inc. d/b/a
Sensations filed a Counterclaim against Plaintiff/Counter-Defendant BMI.
3.
On November 29, 2011, Plaintiffs BMI, et al., filed their Combined Motion and Brief
for 12(b)(6) Dismissal of Counterclaim.
4.
Pursuant to LCivR 7.2(c) and Fed. R. Civ. P. 6(d), Defendants/Counter-Plaintiffs
Lady Godiva’s and Sensations must file a responsive brief and any supporting materials on or
before December 30, 2011.
5.
Plaintiffs and Defendants are currently engaging in settlement negotiations and as a
result have agreed to extend the deadline by which Defendants/Counter-Plaintiffs must file their
responsive brief and supporting materials for 21 days, from December 30, 2011 up to, and
including, January 20, 2012. This extension shall also apply to Plaintiffs/Counter-Defendants in
that they may file a reply brief up to, and including, February 6, 2012.
THE PARTIES STIPULATE AND AGREE THAT, in light of the foregoing, the
following Order be entered, subject to approval of the Court.
IT IS HEREBY AGREED AND ORDERED THAT:
The deadline by which Defendants/Counter-Plaintiffs Lady Godiva’s and Sensations
must file their responsive brief and supporting materials in response to Plaintiffs Combined
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Motion for 12(b)(6) Dismissal of Counterclaim is hereby extended for 21 days, from December
30, 2011 up to, and including, January 20, 2012. This extension shall also apply to
Plaintiffs/Counter-Defendants in that they may file a reply brief up to, and including, February 6,
2012.
Dated: _____________________
____________________________________
Honorable Robert Holmes Bell
United States District Court Judge
STIPULATED AS TO FORM AND CONTENT:
HOWARD & HOWARD ATTORNEYS PLLC
PFEIFFLE LAW OFFICE, P.C.
By: /s/ Michelle M. Wezner________________
Michelle M. Wezner (P58671)
450 West Fourth Street
Royal Oak, MI 48067-2557
(248) 723-0355 – phone
(734) 645-1568 – fax
Attorney for Plaintiffs/Counter-Defendants
Email – mmw@h2law.com
By: /s/ Alexander B. Pfeiffle___________
Alexander B. Pfeiffle (P73858)
9457 Crest Circle Dr. NE
Rockford, MI 49341
(616) 633-8417 – phone
(616) 884-5147 – fax
Attorney for Defendants/Counter-Plaintiffs
Email – pfeifflelaw@gmail.com
Dated: December 22, 2011
Dated: December 22, 2011
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