Clark v. The Walt Disney Company et al

Filing 66

STIPULATION REGARDING SUPPLEMENTAL ATTORNEYS' FEES BRIEFING by Plaintiffs Aaron Clark, John Peirano, Defendant Jakks Pacific, Inc.. (Kinsel, Grant)

Clark v. The Walt Disney Company et al

Doc. 66

Case 2:08-cv-00982-JDH-MRA Document 66

Filed 10/19/09 Page 1 of 3

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

AARON CLARK, Plaintiff, v. THE WALT DISNEY COMPANY; JAKKS PACIFIC, INC.; PLAY ALONG TOYS; KB TOYS; TOYS `R US; BABYUNIVERSE, INC.; ETOYS DIRECT, INC.; and DISNEY SHOPPING, INC., Defendants.

Case No. 2:08CV982

STIPULATION REGARDING SUPPLEMENTAL ATTORNEYS' FEES BRIEFING

LACA_2367638.1

Dockets.Justia.com

Case 2:08-cv-00982-JDH-MRA Document 66

Filed 10/19/09 Page 2 of 3

WHEREAS, on October 7, 2009, Defendants filed their Motion for Sanctions Pursuant to Federal Rule of Civil Procedure 11 (Dct No. 63) (the "Rule 11 Motion"); WHEREAS, on October 9, 2009, the Court granted Defendants' Motion for Summary Judgment (Dct. No. 64) and entered Judgment in Defendants' favor (Dct. No. 65); WHEREAS, pursuant to Local Rule 54.2, the last day for Defendants' to file a further motion for attorneys' fees is November 23, 2009; and WHEREAS, Defendants intend to file an additional motion for attorneys' fees pursuant to, inter alia, 35 U.S.C. § 285, 28 U.S.C. § 1927, and 15 U.S.C. § 1117 (a)(3); WHEREFORE, Defendants through their counsel of record on the one hand, and Plaintiffs through their counsel of record on the other, stipulate as follows: 1. Defendants will file a Supplemental Brief in Support of Motion for Attorneys'

Fees ("Supplemental Brief") on or before November 23, 2009; 2. Plaintiffs will file a combined response to the Rule 11 Motion and the

Supplemental Brief within thirty days after Defendants file the Supplemental Brief (the "Combined Opposition"); 3. /// /// /// /// /// /// /// /// 2
LACA_2367638.1

Defendants will file a combined reply brief in support of their Rule 11 Motion and

Case 2:08-cv-00982-JDH-MRA Document 66

Filed 10/19/09 Page 3 of 3

the Supplemental Brief within fourteen days after Plaintiffs file their Combined Opposition. SO STIPULATED

Dated: October 13, 2009

Respectfully submitted, /s/ Grant E. Kinsel Grant Kinsel (Pro Hac Vice) Michael J. Song (Pro Hac Vice) Foley & Lardner LLP 555 South Flower St., Suite 3500 Los Angeles, CA 90071 Tel: [phone] Attorneys for JAKKS Pacific, Inc., Play Along Toys, KB Toys, and Toys "R" Us, The Walt Disney Company /s/ Brian Dickerson The Dickerson Law Group 5003 Horizons Dr., Suite 101 Columbus, OH 43220 Attorneys for Aaron Clark and John Peirano

3
LACA_2367638.1