Broadcast Music, Inc. et al v. Lady Godiva's, Inc. et al

Filing 21

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
[phone] – phone
[phone] – fax
Attorney for Plaintiffs/Counter-Defendants
Email – [e-mail]

PFEIFFLE LAW OFFICE, P.C.
By:
Alexander B. Pfeiffle (P73858)
9457 Crest Circle Dr. NE
Rockford, MI 49341
[phone] – phone
[phone] – fax
Attorney for Defendants/Counter-Plaintiffs
Email – [e-mail]

HOWARD & HOWARD ATTORNEYS PLLC
By:
Michelle M. Wezner (P58671)
450 West Fourth Street
Royal Oak, MI 48067-2557
[phone] – phone
[phone] – fax
Attorney for Plaintiffs/Counter-Defendants
Email – [e-mail]

SECOND STIPULATED ORDER EXTENDING DEADLINE
FOR DEFENDANTS/COUNTER-PLAINTIFFS TO RESPOND TO PLAINTIFFS’
COMBINED MOTION FOR 12(b)(6) DISMISSAL OF COUNTERCLAIM

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 were required to file a responsive brief and any supporting
materials on or before December 30, 2011.
5.

In order to facilitate settlement negotiations, the parties previously stipulated to

extend response deadlines by 21 days, and pursuant to that Stipulation, this Court entered an
Order extending Defendants/Counter-Plaintiffs’ deadline to file their responsive brief and
supporting material up to, and including January 20, 2012 and Plaintiffs/Counter-Defendants’
deadline to file their reply brief up to, and including February 6, 2012 (Docket Nos. 19 and 20).
6. As a result of these settlement negotiations, the parties believe they have reached an
agreement in principle. Consequently, the parties have agreed to further extend the above stated
deadlines for 14 days in order to provide time to finalize and document the settlement.
Therefore, the parties agree the deadline by which Defendants/Counter-Plaintiffs must file their
responsive brief and supporting materials will be extended from January 20, 2012 up to, and
including, February 3, 2012. This extension will also apply to Plaintiffs/Counter-Defendants in
that they may file a reply brief up to, and including, February 20, 2012.
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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
Motion for 12(b)(6) Dismissal of Counterclaim is hereby extended for 14 days, from January 20,
2012 up to, and including, February 3, 2012, 2012. This extension shall also apply to
Plaintiffs/Counter-Defendants in that they may file a reply brief up to, and including, February
20, 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
[phone] – phone
[phone] – fax
Attorney for Plaintiffs/Counter-Defendants
Email – [e-mail]

By: /s/ Alexander B. Pfeiffle___________
Alexander B. Pfeiffle (P73858)
9457 Crest Circle Dr. NE
Rockford, MI 49341
[phone] – phone
[phone] – fax
Attorney for Defendants/Counter-Plaintiffs
Email – [e-mail]

Dated: January 20, 2012

Dated: January 20, 2012
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