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Penelope Houston, An Individual, Greg v. David Ferguson

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


February 14, 2011

PENELOPE HOUSTON, AN INDIVIDUAL, GREG
INGRAHAM, AN INDIVIDUAL, JAMES WILSEY, AN INDIVIDUAL, AND DANIEL O'BRIEN, AN INDIVIDUAL,
PLAINTIFFS,
v.
DAVID FERGUSON, AN INDIVIDUAL DBA CD
PRESENTS, BURIED TREASURE MUSIC AND ANARCHY ANTHEMS; BURIED
TREASURE MUSIC, BURIED TREASURE INC., A CORPORATION OF UNKNOWN JURISDICTION;
INDEPENDENT ONLINE DISTRIBUTION ALLIANCE, INC., A CALIFORNIA CORPORATION; TUNECORE, INC., A DELAWARE CORPORATION; AND RHAPSODY INTERNATIONAL, INC., A DELAWARE CORPORATION, PENELOPE HOUSTON, AN INDIVIDUAL, GREG INGRAHAM, AN INDIVIDUAL, JAMES WILSEY, AN INDIVIDUAL, AND
DANIEL O'BRIEN, AN INDIVIDUAL (COLLECTIVELY, "PLAINTIFFS"), ON THE ONE HAND, AND
DEFENDANTS.

The opinion of the court was delivered by: Hon. Jeffrey S. White Judge of the United States District Court Northern District of California

ALAN KORN, SBN 167933 LAW OFFICE OF ALAN KORN 1840 Woolsey Street Berkeley, California 94703 Ph. (510) 548-7300 Fax: (510) 540-4821 Attorney for Plaintiffs Penelope Houston, James Wilsey, Daniel O'Brien and Greg Ingraham RICHARD J. IDELL, ESQ. (SBN 069033) ORY SANDEL, ESQ. (SBN 233204) IDELL & SEITEL LLP 465 California Street, Suite 300 San Francisco, CA 94104 Telephone: (415) 986-2400 Facsimile: (415) 392-9259 ANTHONY R. BERMAN, ESQ. (SBN 160634) BERMAN ENTERTAINMENT AND TECHNOLOGY LAW 235 Montgomery St., Ste 760 San Francisco, CA 94104 Telephone: (415) 816-9623 Facsimile: (415) 421-2355 Attorneys for Defendant David Ferguson

STIPULATION AND [PROPOSED] ORDER RE: SECOND EXTENSION OF TIME TO FILE RESPONSE TO SECOND AMENDED COMPLAINT

Hon. Jeffrey S. White, Presiding

(E-Filing)

Pursuant to Rule 6(b) of the Federal Rules of Civil Procedure and Rule 6-1(a) of the Civil Local Rules of the United States District Court, Northern District of California, Plaintiffs Defendant DAVID FERGUSON, an individual ("Defendant"), on the other hand, hereby agree and 10 stipulate as follows: ordered on February 3, 2011, that Defendant Ferguson's response to the Second Amended

WHEREAS, the parties are actively engaged in settlement discussions in an attempt to resolve their dispute; and

WHEREAS, Plaintiffs filed a Second Amended Complaint on January 21, 2011; and

WHEREAS, Plaintiff and Defendant Ferguson previously stipulated, and this Court Complaint is due by February 17, 2011; and

WHEREAS, Rule 6-1(a) of the Civil Local Rules of the United States District Court,

Northern District of California, permits the parties to extend the time within which to answer or 19 otherwise respond to a complaint by stipulation in writing and without a Court order, provided the 20 change will not alter the date of any event or any deadline already fixed by Court order; and 21

WHEREAS, Plaintiffs and Defendant agree that the extension of time for Defendant to file a responsive pleading to the Second Amended Complaint will not alter the date of any event or any 23 deadline already fixed by Court order; and

WHEREAS, Plaintiffs and Defendant agree that the date by which Defendant shall file a responsive pleading should be extended to March 14, 2011, to allow the parties time to discuss 26 settlement; undersigned counsel, hereby stipulate as follows:

NOW THEREFORE, Plaintiffs and Defendant, by and through their respective 1. The time for Defendant David Ferguson to file a responsive pleading to the Second Amended Complaint shall be extended to and including March 14, 2011; 3 SO STIPULATED.

Dated: February 14, 2011

ATTESTATION OF CONCURRENCE

I, Richard J. Idell, as the ECF user and filer of this document, attest that, pursuant to General Order No. 45(X)(B), concurrence in the filing of this document has been obtained from

Alan Korn, the above signatory.

Dated: February 14, 2011 By: /Richard J. Idell/ 19

Richard J. Idell

[PROPOSED] ORDER

PURSUANT TO STIPULATION, IT IS HEREBY ORDERED that: 1. Defendant David Ferguson shall file a responsive pleading to the Second Amended Complaint no later than March 14, 2011. 24

IT IS SO ORDERED.

20110214

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