FORSYTH v MPAA: STIPULATION AND [PROPOSED] ORDER REGARDING PAGE LIMITS FOR BRIEFING ON DEFENDANTS’ ANTI-SLAPP MOTION AND MOTION TO DISMISS, Apr 28, 2016

April 29, 2016 3:28 pm by Gene Borio

The PDF is Here

EXCERPT:

in order to minimize duplication of efforts and multiple, overlapping memoranda at each of the motion, opposition, and reply stages, the Parties have agreed, subject to the Court’s approval, to file consolidated briefs on both motions to the extent possible and to expand the otherwise applicable page limits for the total briefing as follows:

1. On or before April 29, 2016, Defendants shall file briefs in support of their simultaneously filed Anti-SLAPP Motion and Motion to Dismiss that, combined, shall not exceed 40 pages.

2. Plaintiff shall file a single brief in opposition to said Motions that shall not exceed 40 pages.

3. Defendants shall file reply briefs in support of said Motions that, combined, shall not exceed 20 pages.

4. After Defendants have filed their opening briefs on April 29, 2016, the Parties will meet and confer to discuss a briefing schedule for Plaintiff’s opposition and Defendants’ reply and, if necessary, an increase in Plaintiff’s and Defendants’ page limits. The Parties expect to submit a separate Stipulation and [Proposed] Order regarding a briefing and hearing schedule following those meet-and-confer discussions.

END EXCERPT

FULL TEXT:

GLENN D. POMERANTZ (SBN 112503)

glenn.pomerantz@mto.com

MUNGER, TOLLES & OLSON LLP

355 South Grand Avenue, Thirty-Fifth Floor

Los Angeles, California 90071-1560

Telephone: (213) 683-9100

Facsimile: (213) 687-3702

KELLY M. KLAUS (SBN 161091)

kelly.klaus@mto.com

ACHYUT J. PHADKE (SBN 261567)

achyut.phadke@mto.com

ADAM I. KAPLAN (SBN 268182)

adam.kaplan@mto.com

MUNGER, TOLLES & OLSON LLP

560 Mission Street, Twenty-Seventh Floor

San Francisco, California 94105-2907

Telephone: (415) 512-4000

Facsimile: (415) 512-4077

Attorneys for Defendants Motion Picture
Association of America, Inc., The Walt Disney
Company, Paramount Pictures Corporation,
Sony Pictures Entertainment Inc., Twentieth
Century Fox Film Corporation, Universal City
Studios LLC, and Warner Bros. Entertainment
Inc.

KENNETH LEE MARSHALL (SBN 277092)

klmarshall@bryancave.com

BRYAN CAVE LLP

560 Mission Street, Suite 2500

San Francisco, California 94105

Tel: (415) 675-3400 /Fax: (415) 675-3434

Attorneys for Defendant National Association
of Theatre Owners

DAVID SCHACHMAN (Pro Hac Vice)

ds@schachmanlaw.com

LAW OFFICES OF DAVID SCHACHMAN,
P.C.

55 West Monroe Street, Suite 2970

Chicago, Illinois 60603

Tel: (312) 427-9500/Fax: (312) 268-2425

Attorneys for Plaintiff Timothy Forsyth

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

TIMOTHY FORSYTH, individually and on behalf of a
class of similarly situated individuals,

Plaintiff,

vs.

MOTION PICTURE ASSOCIATION OF
AMERICA, INC., a New York corporation, THE
WALT DISNEY COMPANY, a Delaware
corporation, PARAMOUNT PICTURES
CORPORATION, a Delaware corporation,
SONY PICTURES ENTERTAINMENT INC., a
Delaware corporation, TWENTIETH
CENTURY FOX FILM CORPORATION, a
Delaware corporation, UNIVERSAL CITY
STUDIOS LLC, a Delaware corporation,
WARNER BROS. ENTERTAINMENT INC., a
Delaware corporation, and NATIONAL
ASSOCIATION OF THEATRE OWNERS, a
New York corporation,

Defendants.

Case No. 3:16-cv-00935-RS

STIPULATION AND
[PROPOSED] ORDER
REGARDING PAGE LIMITS
FOR BRIEFING ON
DEFENDANTS’ ANTI-SLAPP
MOTION AND MOTION TO
DISMISS

Judge: Hon. Richard Seeborg

Pursuant to Civil Local Rule 7-12, Plaintiff Timothy Forsyth, and Defendants Motion
Picture Association of America, Inc., The Walt Disney Company, Paramount Pictures
Corporation, Sony Pictures Entertainment Inc., Twentieth Century Fox Film Corporation,
Universal City Studios LLC, Warner Bros. Entertainment Inc., and National Association of
Theatre Owners (“NATO”) (collectively, “Defendants”) have met, conferred, and agreed to
stipulate as follows.

In response to the Complaint, Defendants intend jointly to file (1) a special motion to strike
under California’s anti-SLAPP statute, California Code of Civil Procedure § 425.16, et seq.,
(“Anti-SLAPP Motion”) and (2) a motion to dismiss under Federal Rule of Civil Procedure
12(b)(6) (“Motion to Dismiss”). Defendants anticipate that their memoranda of points and
authorities in support of the Anti-SLAPP Motion and their Motion to Dismiss will overlap on the
vast majority of points. Defendants intend to file a consolidated memoranda to the extent
possible, with NATO to file a supplemental memoranda on a few discrete points. Accordingly, in
order to minimize duplication of efforts and multiple, overlapping memoranda at each of the
motion, opposition, and reply stages, the Parties have agreed, subject to the Court’s approval, to
file consolidated briefs on both motions to the extent possible and to expand the otherwise
applicable page limits for the total briefing as follows:

1. On or before April 29, 2016, Defendants shall file briefs in support of their
simultaneously filed Anti-SLAPP Motion and Motion to Dismiss that, combined, shall not exceed
40 pages.

2. Plaintiff shall file a single brief in opposition to said Motions that shall not exceed
40 pages.

3. Defendants shall file reply briefs in support of said Motions that, combined, shall
not exceed 20 pages.

4. After Defendants have filed their opening briefs on April 29, 2016, the Parties will
meet and confer to discuss a briefing schedule for Plaintiff’s opposition and Defendants’ reply
and, if necessary, an increase in Plaintiff’s and Defendants’ page limits. The Parties expect to

submit a separate Stipulation and [Proposed] Order regarding a briefing and hearing schedule
following those meet-and-confer discussions.

DATED: April 28, 2016

LAW OFFICES OF DAVID SCHACHMAN, P.C.

By:

/s/ David Schachman

DAVID SCHACHMAN

Attorneys for Plaintiff Timothy Forsyth

DATED: April 28, 2016

MUNGER, TOLLES & OLSON LLP

By:

/s/ Kelly M. Klaus

KELLY M. KLAUS

Attorneys for Defendants Motion Picture Association of
America, Inc., The Walt Disney Company, Paramount
Pictures Corporation, Sony Pictures Entertainment Inc.,
Twentieth Century Fox Film Corporation, Universal
City Studios LLC, and Warner Bros. Entertainment Inc.

DATED: April 28, 2016

BRYAN CAVE LLP

By:

/s/ Kenneth Lee Marshall

KENNETH LEE MARSHALL

Attorneys for Defendant National Association of
Theatre Owners

* * *

In accordance with Civil Local Rule 5-1(i), the filer attests that each of the above
signatories have concurred in the filing of this document.

DATED: April 28, 2016

By:

/s/ Kelly M. Klaus

KELLY M. KLAUS

THE FOREGOING STIPULATION
IS APPROVED AND IS SO ORDERED.

DATED: _______________

HONORABLE RICHARD SEEBORG

UNITED STATES DISTRICT JUDGE

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