Opinion
STIPULATION AND ORDER REGARDING AN EXTENSION OF TIME TO FILE RESPONSES TO CLASS CERTIFICATION MOTION AS AMENDED BY COURT
MARILYN PATEL, Chief District Judge.
By and through their respective attorneys, plaintiffs LEIBER et al. (the "Plaintiffs") and defendants BERTELSMANN AG et al. (the "Defendants") hereby stipulate and agree as follows:
WHEREAS, Plaintiffs filed and served their Motion for Class Certification on November 8, 2004; and
WHEREAS, at a case management conference on November 22, 2004 the Court set February 7, 2005 as the date for the Defendants to file and serve their opposition brief in response to Plaintiffs' Motion for Class Certification; February 21, 2005 as the date for the Plaintiffs to file and serve their reply brief to Defendants' opposition brief; and March 7, 2005 as the date for the hearing on the Plaintiffs' Motion for Class Certification; and
WHEREAS, the parties require additional time to complete certain discovery relating to the Motion for Class Certification; and
WHEREAS, the parties desire to maintain March 7, 2005 as the date for the hearing on the Plaintiffs' Motion for Class Certification.
IT IS HEREBY STIPULATED AND AGREED that:
1. Defendants shall receive all agreed-upon class certification discovery pursuant to Defendants' respective subpoenas of nonparties Harry Fox Agency (HFA) and National Music Publishers' Association (NMPA) by no later than January 24, 2005;
THEODORE V. WELLS, JR., CAREY R. RAMOS, THEODORE K. CHENG, DARREN W. JOHNSON, PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP, New York, New York,
STAN G. ROMAN, TRACY M. CLEMENTS, KRIEG, KELLER, SLOAN, REILLEY & ROMAN LLP, San Francisco, California, Attorneys for Leiber et al.
Jonathan T. Weiss, WEIL, GOTSHAL & MANGES LLP, Attorneys for Defendants Bertelsmann AG, Bertelsmann, Inc. and BeMusic, Inc.
2. The time for the Defendants to file their opposition brief to the Plaintiffs' Motion for Class Certification shall be extended up to and including February 16, 2005;
3. The time for the Plaintiffs to file their reply brief to the Defendants' opposition brief shall be extended up to and including March 2, 2005; and
4. The date of the hearing on the Motion for Class Certification shall be March 14, 2005.
PURSUANT TO STIPULATION, IT IS SO ORDERED.