Opinion
Case No. CV 11-03773 RS
11-15-2011
JOE QUIRK, Plaintiff, v. SONY PICTURES ENTERTAINMENT INC., et al., Defendants.
VALLE MAKOFF LLP JEFFREY T. MAKOFF HEATHER A. LANDIS Attorneys for Plaintiff JOE QUIRK CALDWELL LESLIE & PROCTOR, PC CHRISTOPHER G. CALDWELL ANDREW ESBENSHADE ALBERT GIANG Attorneys for Defendants SONY PICTURES ENTERTAINMENT INC; COLUMBIA PICTURES INDUSTRIES, INC.; PARIAH; DAVID KOEPP; JOHN KAMPS
JEFFREY T. MAKOFF (SBN 120004)
HEATHER A. LANDIS (SBN 267615)
MARIO R. NICHOLAS (SBN 273122)
VALLE MAKOFF LLP
Attorneys for Plaintiff JOE QUIRK
CALDWELL LESLIE & PROCTOR, PC
CHRISTOPHER G. CALDWELL (SBN 106790)
ANDREW ESBENSHADE (SBN 202301)
Attorneys for Defendants
SONY PICTURES ENTERTAINMENT INC;
COLUMBIA PICTURES INDUSTRIES, INC.;
PARIAH; DAVID KOEPP; JOHN KAMPS
JOINT STIPULATION AND
[PROPOSED] ORDER TO TAKE
DEFENDANTS' MOTION TO DISMISS
OFF CALENDAR TO PERMIT
PLAINTIFF TO FILE SECOND
AMENDED COMPLAINT
Trial Date: None Set
WHEREAS, Plaintiff filed his First Amended Complaint on September 28, 2011, which added a claim for relief for breach of implied contract that was not included in Plaintiff s original Complaint;
WHEREAS, Defendants filed a motion to dismiss the breach of implied contract claim for relief on October 21, 2011, which currently is set for hearing on December 8, 2011;
WHEREAS, Plaintiff's counsel has informed Defendants' counsel that Plaintiff's counsel has recently come into possession of additional information that Plaintiff would like to include in his allegations before the Court rules on any motion to dismiss the breach of implied contract claim for relief; and
WHEREAS, the Parties wish to enable the Court to avoid having to review and rule on Defendants' pending motion to dismiss, given Plaintiff s stated preference to file an amended pleading. IT IS HEREBY STIPULATED AND AGREED that:
1. The hearing on Defendants' Motion to Dismiss Plaintiff's Breach of Implied Contract Claim will be taken off-calendar;
2. Plaintiff shall file a Second Amended Complaint on or before November 28, 2011;
3. Defendants shall have until no later than December 19, 2011, to file a responsive pleading to the Second Amended Complaint; and
4. The date for the Initial Case Management Conference, set for January 12, 2012, shall remain unchanged.
VALLE MAKOFF LLP
JEFFREY T. MAKOFF
HEATHER A. LANDIS
Attorneys for Plaintiff
JOE QUIRK
CALDWELL LESLIE & PROCTOR, PC
CHRISTOPHER G. CALDWELL
ANDREW ESBENSHADE
ALBERT GIANG
Attorneys for Defendants
SONY PICTURES ENTERTAINMENT INC;
COLUMBIA PICTURES INDUSTRIES, INC.;
PARIAH; DAVID KOEPP; JOHN KAMPS
PURSUANT TO STIPULATION, IT IS SO ORDERED.
HONORABLE RICHARD SEEBORG
District Court Judge