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Quirk v. Sony Pictures Entm't. Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION
Nov 15, 2011
Case No. CV 11-03773 RS (N.D. Cal. Nov. 15, 2011)

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


Summaries of

Quirk v. Sony Pictures Entm't. Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION
Nov 15, 2011
Case No. CV 11-03773 RS (N.D. Cal. Nov. 15, 2011)
Case details for

Quirk v. Sony Pictures Entm't. Inc.

Case Details

Full title:JOE QUIRK, Plaintiff, v. SONY PICTURES ENTERTAINMENT INC., et al.…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION

Date published: Nov 15, 2011

Citations

Case No. CV 11-03773 RS (N.D. Cal. Nov. 15, 2011)