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

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


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 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-schedule commitments, counsel for the parties are unavailable 2 for a hearing on September 9, 2011 or September 16, 2011;

WHEREAS, the parties therefore jointly and respectfully request that the Court continue 4 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 Zombie Action 8 are filing a similar request to continue the hearing on the motions pending in that case (i.e., the 9 Zombie Venue Motion, Zombie Motion to Dismiss, and Motion to Intervene) to the same hearing 10 date, September 22, 2011 at 9:00 a.m.; 11

IT IS HEREBY STIPULATED THAT:

1. The parties respectfully request that the hearing on the pending James Venue Motion and James Motion to Dismiss be continued from September 2, 2011 until September 22, 2011 at 9:00 a.m. 15 16

IT IS SO STIPULATED.

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

By: /s/ Roger N. Heller

[PROPOSED] ORDER

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

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

PURSUANT TO STIPULATION, IT IS SO ORDERED.

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 Plaintiff

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

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, 18 Defendant.

Case No. CV 11-01613 SI

DECLARATION OF DAVID M. GIVEN IN SUPPORT OF STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE

The Honorable Susan Illston

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 Plaintiff in the above-captioned action. I submit this declaration in 4 support of the parties' Stipulation and [Proposed] Order Continuing Hearing Date. The facts set 5 forth herein are based upon personal knowledge.

2011 at 9:00 a.m. (Zombie Docket No. 25).

10 the pending 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 12 scheduled to be heard at that time.

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

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.

May 5, 2011 (James Docket No. 12); (b) Second Stipulation To Extend Time To File Answer Or 22 Stipulation To Continue Hearing Date And Amend Briefing Schedule On Defendant UMG 24 No. 27), which the Court granted by Order dated June 28, 2011 (James Docket No. 30). 26

will not alter any other deadlines set by the Court. 28

5. The parties previously requested the following time modifications in this case: (a) Stipulation To Extend Time To File Answer Or Other Response To Plaintiff's Complaint, filed 21 Other Response To Plaintiff's Complaint, filed June 3, 2011 (James Docket No. 20); and (c) 23 Recordings, Inc.'s Pending Motions To Dismiss And Transfer, filed June 23, 2011 (James Docket 25

6. The purpose of the requested continuance is not delay. The requested continuance

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

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

__/s/ David M. Given________ David M. Given

I, Roger N. Heller, am the ECF User whose ID and password are being used to file this 11 document. In compliance with General Order 45, section X.B., I hereby attest that concurrence in 12 the filing of the document has been obtained from each of the other signatories.

By: /s/ Roger N. Heller

934744.1

20110825

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