June 12, 2013
STEVEN AMES BROWN, Plaintiff,
ANDREW B. STROUD, an individual, Defendant. AND DEFENDANT'S RELATED COUNTERCLAIMS STEVEN AMES BROWN, Reply Counterclaimant,
ANDREW B. STROUD, and SONY MUSIC HOLDINGS, INC., Reply Counterdefendants. LISA SIMONE KELLY, duly appointed administrator of the Estate of Nina Simone, Plaintiff,
WALLY ROKER, an individual, and d/b/a ICU ENT. DIST.; d/b/a WALLY ROKER MUSIC; ANDY STROUD, INC.; and ANDREW B. STROUD, Defendants.
STEVEN AMES BROWN, Plaintiff in Pro Se.
DOROTHY M. WEBER, pro hac vice Shukat, Arrow, Hafer, Weber & Herbsman, LLP, Attorney for Estate of Nina Simone.
JULIA D. GREER, Coblentz, Patch, Duffy & Bass, LLP, Attorney for Sony Music Entertainment, erroneously sued as Sony Music Holdings, Inc.
THERESE Y. CANNATA SBN 88032, Cannata, Ching & O'Toole, LLP, San Francisco, California, Attorneys for Plaintiff.
STIPULATION AND [PROPOSED] ORDER RESETTING JOINT MANDATORY SETTLEMENT CONFERENCE
MARIA-ELENA JAMES, Magistrate Judge.
Sony Music Entertainment, the Estate of Nina Simone, and Steven Ames Brown (collectively, "Stipulating Parties"), by and through their respective counsel, submit the following Stipulation and Proposed Order:
WHEREAS, Stipulating Parties have sought default judgment in the above-referenced actions against Defendants and Counterclaimants Estate of Andrew B Stroud, Stroud Productions and Enterprises, Inc., and Andy Stroud, Inc. (collectively, "Stroud"), with such motions currently pending before the Hon. Jeffrey S. White;
WHEREAS, on or about June 4, 2013, the Court referred the motions seeking default judgment to a randomly assigned Magistrate Judge to prepare a report and recommendation (Docket No. 566 in Case No. 08:2348);
WHEREAS, disposition of those motions will affect the manner in which the various parties approach and effectuate settlement;
WHEREAS, on or about June 5, 2013, Stroud filed Notices of Appeal to the Ninth Circuit in the above-captioned actions;
WHEREAS, while the Stipulating Parties believe Stroud's appeals are frivolous and improper, neither the Ninth Circuit nor the District Court has spoken on whether these Notices will be deemed to divest the District Court of jurisdiction over these cases for the time being;
WHEREAS, counsel for the Estate of Nina Simone and representatives for Sony Music Entertainment must travel from New York for the settlement conference, and the uncertainty of whether the settlement conference will go forward given the appeals makes scheduling and travel plans burdensome and difficult;
WHEREAS, Stipulating Parties believe that allowing time for resolution of the question of whether the District Court will be divested of jurisdiction, and of the pending motions seeking default judgment, will facilitate settlement, improve efficiency, and lessen the burden on the Court and the parties;
THEREFORE, the Stipulating Parties respectfully request that the Mandatory Settlement Conference currently set for June 25, 2013 be put over for approximately 90 days, until September 25, 2013 or such other date as may be selected by the Court and the parties.
IT IS SO STIPULATED.
IT IS SO ORDERED.