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

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 ...


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