Corbello v. DeVito

Filing 669

ORDER granting 663 Motion to Extend Deadlines. Plaintiff's Oppositions to the Motions for Summary Judgment re: A) Intermediate Drafts (filed October 7), B) La Jolla Performances (filed October 14) and C) Michael David (filed October 13) are d ue November 7, 2011. New Defendants' Replies on those three motions are due November 23, 2011. Plaintiff's Oppositions to the Motions for Summary Judgment re: D) Copyright, E) Non-Exclusive License and F) Foreign Claims are due November 23, 2011. New Defendants' Replies on those three motions are due December 16, 2011. The seventh Motion for Summary Judgment re JB Records (the Cast Album) will follow a separate schedule; the motion was filed September 15, 2011; Oppositions were fi led on October 11, 2011; and New Defendants' Reply is being filed on October 28, 2011. Briefing on that motion will then be complete. Plaintiff's Motion for Summary Judgment as to Defendant DeVito: DeVto's counsel has requested that th eir time to Oppose this Motion be extended to November 23, 2011. Plaintiff's counsel did not express any disagreement with that proposed date and requested that they have until December 16, 2011 for their Reply. These dates are consistent with the dates that the Court chose on the parallel motions. Signed by Chief Judge Robert C. Jones on 11/4/11. (Copies have been distributed pursuant to the NEF - ECS)

SAMUEL S. LIONEL [Nevada Bar #1766]
MAXIMILIAN° D. COUVILLIER III [Nevada Bar #7661]
LIONEL, ,SAWYER & COLLINS
300 So. 4t" Street #1700
Las Vegas, Nevada 89101
Telephone: [phone]
DANIEL M. MAYEDA (Admitted Pro Hac Vice)
LEOPOLD, PETRICH & SMITH, P.C.
2049 Century Park East, Suite 3110
Los Angeles, California 90067-3274
Tel: [phone] • Fax: [phone]
Email: [e-mail]
DAVID S. KORZENIK (Admitted Pro Hac Vice)
MILLER KORZENIK SOMMERS LLP
488 Madison Avenue, Suite 1120
New York, New York 10022-5702
Telephone: [phone]
Attorneys for Defendants
FRANKIE VALLI, ROBERT J. GAUDIO, MARSHALL BRICKMAN,
ERIC S. ELICE, DES McANUFF, MICHAEL S. DAVID, DSHT, INC.,
DODGER THEATRICALS, LTD., JB VIVA VEGAS, L.P., JERSEY
BOYS BROADWAY LIMITED PARTNERSHIP, JERSEY BOYS
RECORDS LIMITED PARTNERSHIP, SKUNK, INC. AND GETTING
HOME, INC.
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

DONNA CORBOLLO, an individual
v.

Plaintiff,

THOMAS GAETANO DEVITO, an
individual, et al.
Defendants.

CASE NO.: 2:08-cv-00867-RCJ-PAL
EMERGENCY MOTION BY FRANKIE
VALLI, ROBERT J. GAUDIO,
MARSHALL BRICKMAN, ERIC S.
ELICE, DES MCANUFF, MICHAEL
DAVID, DSHT, INC. DODGER
THEATRICALS, LTD., JB VIVA
VEGAS L.P., GETTING HOME, INC.,
JERSEY BOYS BROADWAY LP AND
SKUNK, INC. TO SET BRIEFING
SCHEDULE ON MOTIONS FOR
SUMMARY JUDGMENT
First Request
Courtroom: The Hon. Robert C. Jones
Magistrate: The Hon. Peggy A. Leen

MOTION TO MODIFY DEADLINES
25141

Case 2:08-cv-00867-RCJ -PAL Document 663

Filed 10/28/11 Page 2 of 9

Pursuant to LR 6-1, Defendants Frankie Valli, Robert J. Gaudio, Marshall
Brickman, Eric S. Elite, Des McAnuff, Michael S. David, DSHT, Inc., Dodger
Theatricals, Ltd., Jersey Boys Broadway, L.P., JB Viva Vegas, L.P., Jersey Boys
Records, L.P., Skunk, Inc., and Getting Home, Inc., by and through their counsel,
hereby move the Court to modify the briefing schedule for eight pending Motions for
Summary Judgment as outlined below. This Motion is being filed on an emergency
basis, as Plaintiff's Opposition to one of the pending summary judgment motions is
due on Monday, October 31, 2011 and Plaintiff is seeking an extension of time on that
brief immediately, as well as an extension on other briefs in the very near future.
At the hearing on October 21, the Court set January 20, 2012, as the date for
oral argument on these motions and instructed the parties to submit a briefing
schedule within the week. See 10/21/11 hearing transcript at 79:5-19, 80:1-9 (Dkt
ft 6 6 2 ) . New Defendants' counsel attempted to work with Plaintiff's counsel to agree

on a new schedule, but those efforts were unsuccessful. Accordingly, New
Defendants propose the following schedule and provisions, in line with the specific
directives that the Court offered the parties at the hearing:
1. Plaintiff's Oppositions to the Motions for Summary Judgment re: A)
Intermediate Drafts (filed October 7), B) La Jolla Performances (filed
October 14) and C) Michael David (filed October 13) are due November
7, 2011.
2. New Defendants' Replies on those three motions are due November 23,
1

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2011.
3. Plaintiff's Oppositions to the Motions for Summary Judgment re: D)
Copyright, E) Non-Exclusive License and F) Foreign Claims are due
November 23, 2011.
4. New Defendants' Replies on those three motions are due December 16,
2011.
5. These dates are firm, and the parties must comply with these deadlines.
If Plaintiff nevertheless moves to extend her time on a particular Motion
and, if such extension is granted, then New Defendants' time to file a
Reply on that Motion will be extended by the equivalent number of days,
up to and no later than December 23, 2011.
6. If Plaintiff moves to extend time such that New Defendants' time would
be pushed beyond December 23, 2011, that request will be deemed
denied.
7. The seventh Motion for Summary Judgment re JB Records (the Cast
Album) will follow a separate schedule; the motion was filed September
15, 2011; Oppositions were filed on October 11, 2011; and New
Defendants' Reply is being filed on October 28, 2011. Briefing on that
motion will then be complete.
8. Plaintiff's Motion for Summary Judgment as to Defendant DeVito:
DeVto's counsel has requested that their time to Oppose this Motion be
extended to November 23, 2011. Plaintiff's counsel did not express any
disagreement with that proposed date and requested that they have until
December 16, 2011 for their Reply. These dates are consistent with the
dates that the Court chose on the parallel motions.
The Court did indicate a willingness to grant Plaintiff an extension until
November 23, 2011 on her opposition to the motion for summary judgment as to
copyright claims and an extension as to the foreign copyright claims, but with
consideration for New Defendants' counsel's reply schedule. Id. at 81:15-24. New
2
MOTION TO MODIFY DEADLINES
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Filed 10/28/11 Page 4 of 9

Defendants concurrently asked for additional time for their Replies on those motions
and the Court indicated a willingness to grant them extensions up until December 16,
2011. Id. 83:5-9.
New Defendants have selected these dates as the applicable deadlines in the
absence of the parties' agreement on alternative dates. Given the January 20 hearing
date and the intervening holidays, these are really the most reasonable options
available.
The key principles guiding this schedule are these:
1. The Court should have no less than a full month to absorb and manage
the eight Motions for Summary Judgment before the January 20, 2012
hearing — and it should have the papers before the holidays.
2. The Court has already indicated its approval of these dates. (At the
October 21 hearing, the court refused blanket extensions for Plaintiff but
allowed that on specific motions, Plaintiff's time could be extended until
November 23 with Defendants' replies due on such motions on December
16. Id. at 80:13-21.)
3. Defendants should have some protection against Plaintiff's practice of
seeking repeated extensions, which would prejudice Defendants by
pushing them into the holidays for their replies and would result in the
Court not having sufficient time to review and meaningfully analyze the
eight pending motions. The Court specifically stated that Plaintiff could
not serve Oppositions that would force New Defendants to work on their
Replies through the holidays.
4. Given the January 20 hearing date, these are the only dates that seem
reasonable and in line with the Court's directives at the October 21
hearing. They also do not compel Plaintiff's counsel to work through the
3
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1

Thanksgiving holiday nor do they compel New Defendants' counsel to

2

work through the Christmas and New Years holiday.

3

We have discussed possible briefing schedules with plaintiff's counsel over the

4

telephone and in written exchanges. Following our discussions, on Wednesday

5

morning, we sent them the above proposed dates for the briefing schedule. We were

6

told that they would address our proposal, but have had no substantive response

7

beyond a note that they are traveling and that their lead counsel is involved in a trial.

8

We are scheduled to speak again with Plaintiff's counsel later on Friday, October 28,

9

but wanted to ensure that the Court had a proposed schedule to review within the time

10

we promised. Given that the parties have not come to an agreement on an alternative

11

schedule within the time proposed by the Court, we request that the briefing schedule

12

on the eight motions follow the Court's prior directives.

13
14

For the foregoing reasons, New Defendants respectfully request that the Court
adopt this proposed briefing schedule.

15
16

SAMUEL S. LIONEL
MAXIMILIANO D. COUVILLIER III
LIONEL, SAWYER & COLLINS

17
18
19

Is! David S. Korzenik
DAVID S. KORZENIK
MILLER, KORZENIK SOMMERS LLP

20
21

DANIEL M. MAYEDA
ABIGAIL A. JONES
LEOPOLD, PETRICH & SMITH

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23
24

Attorneys for Defendants
FRANKIE VALLI, ROBERT J. GAUDIO,
MARSHALL BRICKMAN, ERIC S. ELICE, DES
McANUFF, MICHAEL S. DAVID, DSHT, INC.,

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26
27

4

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DODGER THEATRICALS, LTD., JB VIVA
VEGAS, L.P., JERSEY BOYS BROADWAY
LIMITED PARTNERSHIP, JERSEY BOYS
RECORDS LIMITED PARTNERSHIP, SKUNK,
INC. AND GETTING HOME, INC.

5
MOTION TO MODIFY DEADLINES

IT IS SO ORDERED.

Dated: 11-04-2011

UNITED STATES JUDGE

MOTION TO MODIFY DEADLINES
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