Opinion
Case No. CV 11-01613 SI
10-06-2011
RICK JAMES, by and through THE JAMES AMBROSE JOHNSON, JR., 1999 TRUST, his successor in interest, individually and on behalf of all others similarly situated, Plaintiff, v. UMG RECORDINGS, INC., a Delaware corporation, Defendant.
David M. Given (State Bar No. 142375) Nicholas A. Carlin (State Bar No. 112532) Alexander H. Tuzin (State Bar No. 267760) PHILLIPS, ERLEWINE & GIVEN LLP Attorneys for Plaintiff Jeffrey D. Goldman (State Bar No. 155589) Ryan S. Mauck (State Bar No. 223173) Brian M. Yates (State Bar No. 241798) JEFFER MANGELS BUTLER & MITCHELL LLP Attorneys for Defendant
David M. Given (State Bar No. 142375)
Nicholas A. Carlin (State Bar No. 112532)
Alexander H. Tuzin (State Bar No. 267760)
PHILLIPS, ERLEWINE & GIVEN LLP
Attorneys for Plaintiff
Jeffrey D. Goldman (State Bar No. 155589)
Ryan S. Mauck (State Bar No. 223173)
Brian M. Yates (State Bar No. 241798)
JEFFER MANGELS BUTLER & MITCHELL LLP
Attorneys for Defendant
STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE
The Honorable Susan Illston
Plaintiff in the above-captioned action and Defendant UMG Recordings, Inc., by and through their counsel, hereby stipulate as follows:
WHEREAS, Plaintiff in this case filed its complaint on April 1, 2011;
WHEREAS, on June 1, 2011, the Court issued an Order relating the case entitled Rob Zombie et al. v. UMG Recordings, Inc., Case No. CV 11-02431 SI (the "Zombie Action"), to this case;
WHEREAS, a further Case Management Conference is currently scheduled in this case, as well as in the Zombie Action, for October 14, 2011 at 3:00 p.m.;
WHEREAS, due to prior-scheduled commitments, counsel for Plaintiff are unavailable for a Case Management Conference on October 14, 2011, and the parties therefore wish to continue the upcoming further Case Management Conference to the next date that is available for the Court and the parties;
WHEREAS, the parties therefore jointly and respectfully request that the Court continue the upcoming further Case Management Conference until November 4, 2011 at 3:00 p.m.;
WHEREAS, the purpose of this request is not for delay;
WHEREAS, the requested continuance will not alter any other deadlines set by the Court;
WHEREAS, concurrent with the filing of this stipulation, the parties in the Zombie Action are filing a similar request to continue the Case Management Conference in that case to the same date, November 4, 2011 at 3:00 p.m.;
IT IS HEREBY STIPULATED THAT:
1. The parties respectfully request that the upcoming further Case Management Conference be continued from October 14, 2011 until November 4, 2011 at 3:00 p.m.
IT IS SO STIPULATED.
PHILLIPS, ERLEWINE & GIVEN LLP
DAVID M. GIVEN
NICHOLAS A. CARLIN
ALEXANDER H. TUZIN
David M. Given
Counsel for Plaintiff
JEFFER MANGELS BUTLER & MITCHELL
LLP
JEFFREY D. GOLDMAN
RYAN S. MAUCK
BRIAN M. YATES
Jeffrey D. Goldman
Counsel for Defendant UMG Recordings, Inc.
I, Roger N. Heller, am the ECF User whose ID and password are being used to file this document. In compliance with General Order 45, section X.B., I hereby attest that concurrence in the filing of the document has been obtained from each of the other signatories.
By: /s/ Roger N. Heller
[PROPOSED] ORDER
IT IS HEREBY ORDERED, pursuant to the Stipulation between the parties, that:
1. The upcoming further Case Management Conference is continued until November 4, 2011 at 3:00 p.m.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
The Honorable Susan Illston
United States District Judge