FORSYTH v MPAA: PLAINTIFF’S MOTION FOR LEAVE TO FILE A POST-HEARING BRIEF, Nov 3, 2016

November 3, 2016 5:14 pm by Gene Borio

The PDF is Here

EXCERPT:

1. At the hearing on October 28, counsel did not feel that the Court’s questions on the three subjects addressed in the attached proposed document were adequately dealt with by counsel at the time. The failing was the undersigned’s, but the consequences redound to the detriment of the proposed class.

2. The undersigned feels required to attempt to provide the Court answers that it sought so that the pending motion may be decided on the fairest basis. Were only money involved, it might be one thing, but here the life and safety of literally hundreds of thousands of youth are involved. For this reason, undersigned counsel feel a special obligation to the Court and to the proposed class to provide the Court the information it inquired about.

FOR THE FOREGOING REASONS, the undersigned respectfully requests that the Court grant Plaintiff leave to file the attached proposed Post-Hearing Brief.

END EXCERPT

FULL TEXT:

Case 3:16-cv-00935-RS Document 56 Filed 11/03/16 Page 1 of 3

JEFFREY F. KELLER (SBN 148005) JOHN G. JACOBS (PRO HAC VICE)

jfkeller@kellergrover.com jgjacobs@jacobskolton.com

SARAH R. HOLLOWAY (SBN 254134) BRYAN G. KOLTON (PRO HAC VICE)

sholloway@kellergrover.co… bgkolton@jacobskolton.com

KELLER GROVER, LLP JACOBS KOLTON, CHTD.

1965 Market Street 55 West Monroe Street, Suite 2970

San Francisco, California 94103 Chicago, Illinois 60603

Tel: (415) 543-1305 /Fax: (415) 543-7861 Tel: (312) 427-4000 /Fax: (312) 268-2425

DAVID SCHACHMAN (PRO HAC VICE)

ds@schachmanlaw.com

LAW OFFICES OF DAVID SCHACHMAN, P.C.

55 West Monroe Street, Suite 2970Chicago, Illinois 60603Tel: (312) 427-9500 /Fax: (312) 268-2425

Attorneys for Plaintiff and the Putative Class

IN THE 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., et al.,

Defendants.

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

PLAINTIFF’S MOTION FOR LEAVE TO FILE A POST-HEARING BRIEF

Hearing Held: October 28, 2016Time: 1:30 p.m.

Place: Courtroom 3, 17th Floor

Judge: Hon. Richard Seeborg

Plaintiff’s Motion for Leave to File a Post-Hearing Brief Case 3:16-cv-00935-RS Document 56 Filed 11/03/16 Page 2 of 3

Pursuant to Local Civil L.R. 7-3(d), Plaintiff respectfully requests leave to file the proposed Post-Hearing Brief attached hereto. In support of this motion, plaintiff states as follows:

1. At the hearing on October 28, counsel did not feel that the Court’s questions on the three subjects addressed in the attached proposed document were adequately dealt with by counsel at the time. The failing was the undersigned’s, but the consequences redound to the detriment of the proposed class.

2. The undersigned feels required to attempt to provide the Court answers that it sought so that the pending motion may be decided on the fairest basis. Were only money involved, it might be one thing, but here the life and safety of literally hundreds of thousands of youth are involved. For this reason, undersigned counsel feel a special obligation to the Court and to the proposed class to provide the Court the information it inquired about.

FOR THE FOREGOING REASONS, the undersigned respectfully requests that the Court grant Plaintiff leave to file the attached proposed Post-Hearing Brief.

Dated: November 3, 2016

Respectfully submitted,

By: /s/ David Schachman

David Schachman

John G. Jacobs

Bryan G. Kolton

Attorneys for Plaintiff Timothy Forsythand the Putative Class

Plaintiff’s Motion for Leave to File a Post-Hearing Brief 2 16-CV-00935-RS

Case 3:16-cv-00935-RS Document 56 Filed 11/03/16 Page 3 of 3

CERTIFICATE OF SERVICE

I, David Schachman, an attorney in this matter, certify that on November 3, 2016, I served the foregoing Plaintiff’s Motion For Leave To File A Post-Hearing Brief and Plaintiff’s [Proposed] Post-Hearing Brief by causing true and accurate copies of such document to be filed and transmitted to the persons registered to receive such notice via the Court’s CM/ECF electronic filing system.

/s/ David Schachman

Plaintiff’s Motion for Leave to File a Post-Hearing Brief 3 16-CV-00935-RS

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