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Rob Zombie, A/K/A Robert Wolfgang v. Umg Recordings

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


August 22, 2011

ROB ZOMBIE, A/K/A ROBERT WOLFGANG ZOMBIE, F/K/A ROBERT CUMMINGS; WHITE
ZOMBIE, A GENERAL PARTNERSHIP; WHITESNAKE, A DOING BUSINESS AS DESIGNATION OF DAVID COVERDALE, BY AND FOR WHITESNAKE PRODUCTIONS (OVERSEAS) LIMITED; AND DAVE MASON, INDIVIDUALLY AND ON BEHALF OF ALL THE HONORABLE SUSAN ILLSTON OTHERS SIMILARLY SITUATED,
PLAINTIFFS,
v.
UMG RECORDINGS, INC., A DELAWARE CORPORATION,
DEFENDANT.

The opinion of the court was delivered by: The Honorable Susan Illston United States District Judge

STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE and proposed intervenor, The Tubes, by and through their counsel, hereby stipulate as follows: 3 entitled Rick James et. al. v. UMG Recordings, Inc., Case No. CV 11-01613 SI (the "James 6

WHEREAS, on July 8, 2011, UMGR filed in this case: (a) a Motion to Dismiss Action for Improper Venue or Transfer Action to Central District of California ("Zombie Venue Motion"); 9 and (b) a Motion to Dismiss Fourth Cause of Action for Violation of California Business & 10

WHEREAS, on June 10, 2011, UMGR filed in the James Action: (a) a Motion to Dismiss Action for Improper Venue or Transfer Action to Central District of California ("James Venue 13

Business & Professions Code § 17200 ("James Motion to Dismiss");

Plaintiffs in the above-captioned action, Defendant UMG Recordings, Inc. ("UMGR"),

WHEREAS, Plaintiffs in this case filed their complaint on May 18, 2011;

WHEREAS, on June 1, 2011, the Court issued an Order relating this case to the case Action");

Professions Code § 17200 ("Zombie Motion to Dismiss"); Motion"); and (b) a Motion to Dismiss Fourth Cause of Action for Violation of California

WHEREAS, on July 27, 2011, The Tubes filed in this case a Motion to Intervene as Plaintiff and Additional Class Representative ("Motion to Intervene");

WHEREAS, the Zombie Venue Motion, Zombie Motion to Dismiss, Motion to Intervene, James Venue Motion, and James Motion to Dismiss have all been fully briefed; 9:00 a.m. (Docket No. 25); 22

23 hearing on the James Venue Motion and James Motion to Dismiss was also continued until 24

September 2, 2011 at 9:00 a.m., such that all pending motions in both actions are currently 25 scheduled to be heard at that time; on September 2, 2011 at 9:00 a.m., and the parties therefore wish to continue the hearing on all 28 pending motions to the next hearing date that is available for the Court and the parties;

WHEREAS, by notice dated August 18, 2011, the hearing on the Zombie Venue Motion, Zombie Motion to Dismiss, and Motion to Intervene was continued until September 2, 2011 at 21

WHEREAS, on August 19, 2011, the Court's law clerk confirmed by email that the

WHEREAS, due to prior-scheduled commitments, counsel are unavailable for a hearing

WHEREAS, due to prior-scheduled commitments, counsel for the parties are unavailable for a hearing on September 9, 2011 or September 16, 2011;

WHEREAS, the parties therefore jointly and respectfully request that the Court continue the hearing on all pending motions until September 22, 2011 at 9:00 a.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 James Action are filing a similar request to continue the hearing on the motions pending in that case (i.e., the 9 James Venue Motion and James Motion to Dismiss) to the same hearing date, September 22, 2011 at 9:00 a.m.;

IT IS HEREBY STIPULATED THAT:

1. The parties respectfully request that the hearing on the pending Zombie Venue Motion, Zombie Motion to Dismiss, and Motion to Intervene be continued from September 2, 2011 until September 22, 2011 at 9:00 a.m.

IT IS SO STIPULATED.

PHILLIPS, ERLEWINE & GIVEN LLP DAVID M. GIVEN NICHOLAS A. CARLIN ALEXANDER H. TUZIN By: /s/ David M. Given David M. Given Counsel for Plaintiffs Rob Zombie et al. and The Tubes

Dated: August 22, 2011 JEFFER MANGELS BUTLER & MITCHELL LLP JEFFREY D. GOLDMAN RYAN S. MAUCK BRIAN M. YATES By: /s/ Jeffrey D. Goldman 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 11 the filing of the document has been obtained from each of the other signatories. 12 13

By: /s/ Roger N. Heller

IT IS HEREBY ORDERED, pursuant to the Stipulation between the parties, that:

1. The hearing on the pending Zombie Venue Motion, Zombie Motion to Dismiss, and Motion to Intervene is continued until September 22, 2011 at 9:00 a.m.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

DATED: 8/25/11

David M. Given (State Bar No. 142375) dmg@phillaw.com 2 Nicholas A. Carlin (State Bar No. 112532) 3 nac@phillaw.com Alexander H. Tuzin (State Bar No. 4 267760) aht@phillaw.com 5 PHILLIPS, ERLEWINE & GIVEN LLP 50 California Street, 35th Floor San Francisco, CA 94111 Telephone: 415-398-0900 7 Facsimile: 415-398-0911 8 Attorneys for Plaintiffs and The Tubes 9

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Case No. CV 11-02431 SI

ROB ZOMBIE, a/k/a Robert Wolfgang Zombie, f/k/a Robert Cummings; WHITE ZOMBIE, a general partnership;

DECLARATION OF DAVID M. GIVEN

WHITESNAKE, a doing business as

IN SUPPORT OF STIPULATION AND designation of David Coverdale, by and for [PROPOSED] ORDER CONTINUING WHITESNAKE PRODUCTIONS HEARING DATE (OVERSEAS) LIMITED; and DAVE 16 MASON, individually and on behalf of all others similarly situated, The Honorable Susan Illston Plaintiffs, v. UMG RECORDINGS, INC., a Delaware 20 corporation, 21 Defendant.

I, David M. Given, declare as follows:

1. I am admitted to practice before this Court and am an attorney at Phillips, Erlewine & Given LLP, counsel for Plaintiffs and proposed intervenor The Tubes in the above-captioned 4 action. I submit this declaration in support of the parties' Stipulation and [Proposed] Order 5

2. By notice dated August 18, 2011, the hearing on the pending Zombie Venue Motion, Zombie Motion to Dismiss, and Motion to Intervene was continued until September 2, 8

3. On August 19, 2011, the Court's law clerk confirmed by email that the hearing on 10 the pending James Venue Motion and James Motion to Dismiss was also continued until 11 September 2, 2011 at 9:00 a.m., such that all pending motions in both actions are currently 12 scheduled to be heard at that time.

Continuing Hearing Date. The facts set forth herein are based upon personal knowledge. 2011 at 9:00 a.m. (Zombie Docket No. 25).

4. Due to prior-scheduled commitments, counsel are unavailable for a hearing on September 2, 2011 at 9:00 a.m., and the parties therefore wish to continue the hearing on all 15 pending motions to the next hearing date that is available for the Court and the parties. Due to 16 prior-schedule commitments, counsel for the parties are unavailable for a hearing on September 9, 2011 or September 16, 2011. The parties therefore jointly and respectfully request that the Court 18 continue the hearing on all pending motions until September 22, 2011 at 9:00 a.m. June 1, 2011 (Zombie Docket No. 4); and (b) Stipulation To Continue Hearing Date And Amend Transfer, filed June 28, 2011 (Zombie Docket No. 7), which the Court granted by Order dated

6. The purpose of the requested continuance is not delay. The requested continuance will not alter any other deadlines set by the Court.

I declare under penalty of perjury under the laws of the United States of America that the

5. The parties previously requested the following time modifications in this case: (a)

Stipulation To Extend Time To File Answer Or Other Response To Plaintiffs' Complaint, filed

Briefing Schedule On Defendant UMG Recordings, Inc.'s Pending Motions To Dismiss And June 29, 2011 (Zombie Docket No. 8). foregoing is true and correct.

Executed this 22nd day of August 2011 at San Francisco, California.

David M. Given

David M. Given

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 10 the filing of the document has been obtained from each of the other signatories.

By: /s/ Roger N. Heller

20110822

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