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Michael E. Davis, Aka Tony Davis, Vince Ferragamo, and Billy Joe v. Electronic Arts Inc

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


November 22, 2011

MICHAEL E. DAVIS, AKA TONY DAVIS, VINCE FERRAGAMO, AND BILLY JOE DUPREE, ON BEHALF OF THEMSELVES AND ALL
OTHERS SIMILARLY SITUATED,
PLAINTIFFS,
v.
ELECTRONIC ARTS INC.,
DEFENDANT.

The opinion of the court was delivered by: The Honorable Richard Seeborg United States District Court Northern District OF California

*E-Filed 11/22/11*

BRIAN D. HENRI (State Bar No. 200205) bhenri@twtlaw.com MATTHEW W. MESKELL (State Bar No. 208263) mmeskell@twtlaw.com W. PAUL SCHUCK (State Bar No. 203717) pschuck@twtlaw.com THOMAS WHITELAW LLP Three Embarcadero Center, Suite 1350 San Francisco, California 94111-4037 Telephone: (415) 820-0400 Facsimile: (415) 820-0405 JOSEPH E. THOMAS (State Bar No. 101443) jthomas@twtlaw.com MICHAEL I. KATZ (State Bar No. 181728) mkatz@twtlaw.com THOMAS WHITELAW LLP 18101 Von Karman Avenue, Suite 230 Irvine, California 92612 Telephone: (949) 679-6400 Facsimile: (949) 679-6405 AUSTIN TIGHE (admitted pro hac vice) austin@feazell-tighe.com FEAZELL & TIGHE LLP 6618 Sitio Del Rio Boulevard Building C-101 Austin, Texas 78730 Telephone: (512) 372-8100 Facsimile: (512) 372-8140 Attorneys for Plaintiffs

STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHEDULE AND HEARING DATE ON DEFENDANT ELECTRONIC ARTS INC.'S MOTION TO STRIKE PURSUANT TO C.C.P. § 425.16 AND MOTION TO DISMISS

Pursuant to Civil Local Rule 6-2, the parties hereby submit this Stipulated Request for an 2 Order regarding the briefing schedule and the hearing date on defendant Electronic Arts Inc.'s 3 ("EA") Motion to Strike Pursuant to C.C.P. § 425.16 (Docket No. 62) ("Anti-SLAPP motion") 4 and EA's Motion to Dismiss (Docket No. 63) (collectively, "EA's Motions"). 5

WHEREAS, on January 6, 2011, EA filed its original motion to dismiss and motion strike 6 (Docket No. 20), which was set for hearing February 24, 2011, and re-filed the motions on June 9, 7 2011 (Doc. Nos. 62 and 63); 8

WHEREAS, on February 1, 2011, plaintiffs Michael E. Davis, Vince Ferragamo, and Billy 9 Joe Dupree (collectively "Plaintiffs") served written discovery on EA;

WHEREAS, the parties have had disputes regarding discovery for EA's Motions, and the 11 briefing and hearing have been postponed on several occasions to permit resolution of discovery 12 disputes (See, e.g., Docket Nos. 35, 57, & 78); 13

WHEREAS, at the Further Case Management Conference on October 27, 2011, the Court 14 set the hearing on EA's Motions for December 15, 2011 to allow the parties to address further 15 discovery issues with Magistrate Judge Ryu (see Docket No. 87), which would have made Plaintiffs' opposition briefs due November 28 and EA's reply briefs due December 5;

WHEREAS, after a discovery hearing before Magistrate Judge Ryu on November 16, the Court issued an Order requiring EA to produce further discovery (Docket No. 92); 9

WHEREAS, EA expects that it will complete production of the discovery by December 8, 2011, which therefore will require an adjustment to the briefing and hearing schedule in order to 21 provide Plaintiffs adequate time to review and consider EA's supplemental discovery responses; 22

WHEREAS, under the Civil Local Rules, Plaintiffs are entitled to file two 25-page 23 oppositions (one for each motion) totaling 50 pages, and EA is entitled to file two 15-page replies; 24

WHEREAS, the Plaintiffs believe that the issues of EA's Motions can be addressed more 25 efficiently with a single, 35-page opposition and a single, 20-page reply, and EA does not oppose Plaintiffs' request;

THEREFORE, the parties, by and through their undersigned counsel, hereby stipulate and respectfully request as follows: 2

STIPULATION

1. The briefing schedule on EA's Anti-SLAPP Motion and Motion to Dismiss 4 (Docket Nos. 62 & 63), which were filed June 9, 2011, shall be as follows:

i) Plaintiffs opposition shall be filed no later than January 5, 2012; 6

ii) EA's reply brief shall be filed no later than January 19, 2012; and 7

iii) The hearing on the EA's Anti-SLAPP Motion and Motion to Dismiss shall be on January 26, 2012, at 1:30 p.m., or as soon thereafter as is practical for the Court.

2. Plaintiffs shall submit a single opposition to both the Anti-SLAPP Motion and Motion to Dismiss of no more than 35 pages. EA shall submit a single reply brief of no more than 20 pages.

Both parties agree to the stipulation as indicated by their signatures below. The parties 13 respectfully request that the Court approve the stipulation. A proposed Order is filed herewith.

Pursuant to General Order No. 45, Section 10(b), the efiler of this stipulation, hereby attests that R. James Slaughter concurs in the efiling of this stipulation.

[PROPOSED] ORDER

The Court, having considered the above joint request and good cause appearing therefore, 3 HEREBY ORDERS as follows: 4

The following schedule shall apply to EA's pending Anti-SLAPP Motion and Motion to 5 Dismiss (Docket Nos. 62 & 63): 6

iv) Plaintiffs opposition shall be filed no later than January 5, 2012;

v) EA's reply brief shall be filed no later than January 19, 2012; and

vi) The hearing on the EA's Anti-SLAPP Motion and Motion to Dismiss shall be on January 26, 2012, at 1:30 p.m. 10

Plaintiffs shall submit a single opposition to both the Anti-SLAPP Motion and Motion to Dismiss of no more than 35 pages. EA shall submit a single reply brief of no more than 20 pages.

PURSUANT TO THE PARTIES' STIPULATION, IT IS SO ORDERED. 13 14

20111122

© 1992-2011 VersusLaw Inc.



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