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Rick James, By and Through the James v. Umg Recordings

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


October 7, 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

STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE

Plaintiff in the above-captioned action and Defendant UMG Recordings, Inc., by and through their counsel, hereby stipulate as follows: 3

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 RobZombie et al. v. UMG Recordings, Inc., Case No. CV 11-02431 SI (the "Zombie Action"), to this 6 case; WHEREAS, a further Case Management Conference is currently scheduled in this case,

as well as in the Zombie Action, for October 14, 2011 at 3:00 p.m.; WHEREAS, due to prior-scheduled commitments, counsel for Plaintiff are unavailable for a Case Management Conference on October 14, 2011, and the parties therefore wish to continue 11 the upcoming further Case Management Conference to the next date that is available for the Court 12 and the parties;

WHEREAS, the parties therefore jointly and respectfully request that the Court continue the upcoming further Case Management Conference until November 4, 2011 at 3:00 p.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 are filing a similar request to continue the Case Management Conference in that case to the same 19 date, November 4, 2011 at 3:00 p.m.;

IT IS HEREBY STIPULATED THAT:

1. The parties respectfully request that the upcoming further Case Management Conference be continued from October 14, 2011 until November 4, 2011 at 3:00 p.m.

IT IS SO STIPULATED.

Dated: October 5, 2011 PHILLIPS, ERLEWINE & GIVEN LLP 2

DAVID M. GIVEN NICHOLAS A. CARLIN ALEXANDER H. TUZIN By: /s/ David M. Given David M. Given Counsel for Plaintiff Dated: October 5, 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 19 the filing of the document has been obtained from each of the other signatories.

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

1. The upcoming further Case Management Conference is continued until November 4, 2011 at 3:00 p.m.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

DATED: 10/6/11

The Honorable Susan Illston United States District Judge

20111007

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