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Rick James, By and Through the James Ambrose Johnson, Jr., 1999 Trust, His v. Umg Recordings

August 25, 2011

RICK JAMES, BY AND THROUGH THE JAMES AMBROSE JOHNSON, JR., 1999 TRUST, HIS
SUCCESSOR IN INTEREST, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED,
PLAINTIFF,
v.
UMG RECORDINGS, INC., A DELAWARE CORPORATION,
DEFENDANT.



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

David M. Given (State Bar No. 142375) Jeffrey D. Goldman (State Bar No. 155589) dmg@phillaw.com jgoldman@jmbm.com 2 Nicholas A. Carlin (State Bar No. 112532) Ryan S. Mauck (State Bar No. 223173) 3 nac@phillaw.com rmauck@jmbm.com Alexander H. Tuzin (State Bar No. Brian M. Yates (State Bar No. 241798) 4 267760) byates@jmbm.com aht@phillaw.com JEFFER MANGELS BUTLER & MITCHELL 5 PHILLIPS, ERLEWINE & GIVEN LLP LLP 50 California Street, 35th Floor 1900 Avenue of the Stars, Seventh Floor San Francisco, CA 94111 Telephone: 415-398-0900 Los Angeles, California 90067-4308 Facsimile: 415-398-0911 Telephone: 310-203-8080 Facsimile: 310-203-0567 Attorneys for Plaintiff Attorneys for Defendant

The Honorable Susan Illston

STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE

by and through their counsel, hereby stipulate as follows:

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

WHEREAS, Plaintiff in this case filed its complaint on April 1, 2011;

WHEREAS, on June 1, 2011, the Court issued an Order relating the case entitled Rob Zombie et al. v. UMG Recordings, Inc., Case No. CV 11-02431 SI (the "Zombie Action"), to this 6 case; 7 8 for Improper Venue or Transfer Action to Central District of California ("James Venue Motion"); 9 and (b) a Motion to Dismiss Fourth Cause of Action for Violation of California Business & 10

WHEREAS, on July 8, 2011, UMGR filed in the Zombie Action: (a) a Motion to Dismiss Action for Improper Venue or Transfer Action to Central District of California ("Zombie Venue 13 Business & Professions Code § 17200 ("Zombie Motion to Dismiss");

WHEREAS, on June 10, 2011, UMGR filed in this case: (a) a Motion to Dismiss Action Professions Code § 17200 ("James 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 the Zombie Action a Motion to Intervene as Plaintiff and Additional Class Representative ("Motion to Intervene");

WHEREAS, the James Venue Motion, James Motion to Dismiss, Zombie Venue Motion, Zombie Motion to Dismiss, and Motion to Intervene have all been fully briefed;

9:00 a.m. (Zombie Docket No. 25);

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


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