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John Branca and John Mcclain, Executors of the Estate of Michael J. v. Howard Mann

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


July 20, 2012

JOHN BRANCA AND JOHN MCCLAIN, EXECUTORS OF THE ESTATE OF MICHAEL J. JACKSON; MICHAEL JACKSON COMPANY, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY; MJJ PRODUCTIONS, INC., A CALIFORNIA CORPORATION; OPTIMUM PRODUCTIONS, A CALIFORNIA CORPORATION, PLAINTIFF,
v.
HOWARD MANN, AN INDIVIDUAL; SONIA LOWE, AN INDIVIDUAL; DC NETCAST MEDIA GROUP, INC., AN UNKNOWN CORPORATION; VINTAGE POP MEDIA GROUP, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY; VINTAGE POP INC., AN UNKNOWN CORPORATION; VINTAGE POP MEDIA, LLC, AN UNKNOWN LIMITED LIABILITY COMPANY, DEFENDANTS.

The opinion of the court was delivered by: Dean D. Pregerson United States District Judge

ORDER DENYING DEFENDANT'S EX PARTE APPLICATION TO AMEND SCHEDULING ORDER [Docket No. 110]

Presently before the court is Defendant Vintage Associates LLC's Ex Parte Application to Amend Scheduling Order Pursuant to Rule 16(B)(4) and to Continue the Trial Presently set for this Matter ("Application"). Having reviewed the parties' submissions, the court DENIES the Application and adopts the following Order.

Defendant Vintage Associates LLC ("Vintage LLC") asks the court to reopen discovery and continue the trial date by at least five months, because Plaintiffs did not add Vintage LLC to this action until April 2012. As Plaintiffs explain in their Opposition, however, Vintage LLC has had more than three months to request such relief through a regularly noticed motion. The court therefore finds that ex parte relief is inappropriate. Moreover, Vintage LLC's controlling principal, Henry Vaccaro, Sr., is also the controlling principal of Defendant Vintage Pop, Inc. Vaccaro has therefore been aware of and actively involved in this litigation from the outset.

For all of these reasons, the court DENIES Defendant's Ex Parte Application.

IT IS SO ORDERED.

20120720

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