Free Stipulation - District Court of California - California

Case 5:07-cv-03783-JF

Document 46

Filed 08/29/2008

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KURT OPSAHL (SBN 191303) [email protected] MICHAEL KWUN (SBN 198945) [email protected] CORYNNE McSHERRY (SBN 221504) [email protected] MARCIA HOFFMANN (SBN 250087) [email protected] ELECTRONIC FRONTIER FOUNDATION 454 Shotwell Street San Francisco, CA 94110 Telephone: (415) 436-9333 Facsimile: (415) 436-9993 Attorneys for Plaintiff

KELLY M. KLAUS (SBN 161091) [email protected] AMY C. TOVAR (SBN 230370) [email protected] MUNGER, TOLLES & OLSON LLP 355 South Grand Avenue Thirty-Fifth Floor Los Angeles, CA 90071-1560 Telephone: (213) 683-9100 Facsimile: (213) 687-3702

Attorneys for Defendants UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

STEPHANIE LENZ, Plaintiff, vs. UNIVERSAL MUSIC CORP., UNIVERSAL MUSIC PUBLISHING, INC. and UNIVERSAL MUSIC PUBLISHING GROUP, Defendants.

CASE NO. CV-07-03783-JF STIPULATION AND [PROPOSED] ORDER REGARDING: [1] SHORTENING TIME FOR BRIEFING ON DEFENDANTS' MOTION TO CERTIFY AUGUST 20, 2008 ORDER FOR § 1292(b) APPEAL AND TO STAY PROCEEDINGS PENDING APPEAL; AND [2] EXTENDING DEFENDANTS' TIME TO ANSWER [Civil L.R. 6-2]

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Date: Time: Judge: Courtroom:

N/A N/A Honorable Jeremy Fogel 3

STIPULATION AND [PROPOSED] ORDER CASE NO. CV 07-03783-JF

Case 5:07-cv-03783-JF

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Plaintiff Stephanie Lenz ("Plaintiff") and Defendants Universal Music Corp., Universal Music Publishing, Inc. and Universal Musical Publishing Group ("Defendants"), by and through their respective counsel of record, hereby declare and stipulate as follows: WHEREAS, by Order entered August 20, 2008, the Court denied Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint and ordered Defendants to file their Answer within twenty (20) days, i.e., on or before September 9, 2008; WHEREAS, contemporaneous with the filing of this Stipulation, Defendants are filing a motion for an Order [1] certifying the August 20, 2008 Order for interlocutory appeal pursuant to 28 U.S.C. § 1292(b) and [2] staying proceeding in this case pending resolution of the § 1292(b) appeal (hereinafter, "Defendants' Certification/Stay Motion" or "Motion"); WHEREAS, Plaintiff has indicated she will oppose the Motion but will stipulate to the time modifications as set forth below; WHEREAS, pursuant to Civil Local Rule 6-2(a)(1), the parties state that the time modifications set forth below are requested for the following reasons: First, the parties believe Defendants' Certification/Stay Motion can and should be briefed and submitted expeditiously. The parties have agreed to stipulate to a shortened briefing schedule (as set forth below), under which briefing would be completed by September 16, 2008 and the Motion submitted as of that date (unless the Court would prefer to hear argument); Second, in order to allow time for a possible ruling on the Motion before Defendants have to file their Answer, Defendants have requested, and Plaintiff has agreed, that Defendants' due date for filing their Answer may be extended to September 30, 2008; WHEREAS, pursuant to Civil Local Rule 6-2(a)(2), the parties disclose that there have been four previous stipulated time modifications in this case (August 20, 2007 [Docket No. 8], October 11, 2007 [Docket No. 19], November 16, 2007 [Docket No. 26], and April 30, 2008 [Docket No. 35]). These modifications related to the briefing schedule and hearing date for the prior Motions to Dismiss and/or the date for the Case Management Conference; and WHEREAS, pursuant to Civil Local Rule 6-2(a)(3), the parties state that the only effect the requested time modifications herein would have on the schedule for the case would be
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STIPULATION AND [PROPOSED] ORDER CASE NO. CV 07-03783-JF

Case 5:07-cv-03783-JF

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to move the date for Defendants to file their Answer, from September 9 to September 30, 2008. ACCORDINGLY, THE PARTIES STIPULATE AS FOLLOWS: [1] The briefing schedule on Defendants' Certification/Stay Motion shall be: [a] [b] [c] Motion Opposition Reply August 29, 2008 September 9, 2008 September 16, 2008

The parties agree that upon the filing of the Reply, Defendants' Certification/Stay Motion may be submitted on the papers, unless the Court would prefer to hear oral argument. [2] Subject to further Order of the Court, the due date for Defendants' Answer

shall be extended from September 9, 2008 through and including September 30, 2008. DATED: August 29, 2008 ELECTRONIC FRONTIER FOUNDATION By: /s/ Corynne McSherry* CORYNNE McSHERRY

Attorneys for Plaintiff DATED: August 29, 2008 MUNGER, TOLLES & OLSON LLP By: /s/ Kelly M. Klaus KELLY M. KLAUS

Attorneys for Defendants ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED.

DATED: UNITED STATES DISTRICT JUDGE ______________________________ * Electronically signed by Defendants' counsel with concurrence of Plaintiff's counsel. N.D. Cal. G.O. 45 ¶ X.B.

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STIPULATION AND [PROPOSED] ORDER CASE NO. CV 07-03783-JF