FORSYTH v MPAA: STIPULATION AND ORDER, Dec 22, 2016

December 22, 2016 8:53 pm by Gene Borio

The PDF is Here

EXCERPT:

Counsel for Plaintiff and Defendant NATO met and conferred by telephone and email regarding the briefing schedule and hearing date and agreed that Plaintiff’s response to Defendant NATO’s motion for attorneys’ fees shall be due January 24, 2017 and Defendant NATO’s reply in support of the motion for attorneys’ fees shall be due February 2, 2017. The additional time is necessary based on counsel’s work and vacation schedules. Upon reviewing the Court’s calendar, the parties also agreed that February 16, 2017, was the most mutually convenient available hearing date.

. . .

THE COURT FINDS GOOD CAUSE EXISTS FOR THE PARTIES’ STIPULATION AND ON THAT BASIS THE FOREGOING STIPULATION IS APPROVED AND IS SO ORDERED.

END EXCERPT

FULL TEXT:

Case 3:16-cv-00935-RS Document 68 Filed 12/22/16 Page 1 of 3

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., Walt Disney Studios Motion Pictures, Paramount Pictures Corporation, Sony Pictures Entertainment Inc., Twentieth Century Fox Film Corporation, Universal City Studios LLC, and Warner Bros. Entertainment Inc.

K. LEE MARSHALL (SBN 277092) klmarshall@bryancave.com

ROGER MYERS (SBN 146164)

roger.myers@bryancave.com

ALEXANDRA WHITWORTH (SBN 303046)

alex.whitworth@bryancave…. BRYAN CAVE LLP

560 Mission Street, 25th Floor

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., WALT DISNEY STUDIOS MOTION PICTURES, 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, Defendants.

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

STIPULATION AND [PROPOSED] ORDER RE [1] DEFENDANT NATIONAL ASSOCIATION OF THEATRE OWNERS’ MOTION FOR ATTORNEYS’ FEES, AND [2] HEARING DATE FOR MOTION FOR ATTORNEYS’ FEES Judge: Hon. Richard Seeborg

STIPULATION AND [PROPOSED] ORDER

30376437.1

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

Case 3:16-cv-00935-RS Document 68 Filed 12/22/16 Page 2 of 3

In support of their joint stipulation regarding the briefing schedule and hearing on Defendant National Association of Theatre Owners (“NATO”) motion for attorneys’ fees, Plaintiff Timothy Forsyth and Defendant NATO, by and through their undersigned counsel of record, recite as follows:

A. Pursuant to the parties’ November 22, 2016 stipulation (ECF No. 60), and the Court’s November 28, 2016 order approving that stipulation (ECF No. 61), Defendants’ motions for attorneys’ fees were to be filed by December 15, 2016 - fourteen days from the date the Court entered judgement which judgment was entered on December 1, 2016 (ECF No. 65).

B. On December 15, 2016, Defendant NATO filed its notice of motion and motion for attorneys’ fees (ECF No. 66). Defendants Motion Picture Association of America Inc., Walt Disney Studios Motion Pictures, Paramount Pictures Corporation, Sony Pictures Entertainment Inc., Twentieth Century Fox Film Corporation, Universal City Studios LLC, Warner Brothers Entertainment Inc., did not file a motion for attorneys’ fees.

C. Counsel for Plaintiff and Defendant NATO met and conferred by telephone and email regarding the briefing schedule and hearing date and agreed that Plaintiff’s response to Defendant NATO’s motion for attorneys’ fees shall be due January 24, 2017 and Defendant NATO’s reply in support of the motion for attorneys’ fees shall be due February 2, 2017. The additional time is necessary based on counsel’s work and vacation schedules. Upon reviewing the Court’s calendar, the parties also agreed that February 16, 2017, was the most mutually convenient available hearing date.

NOW, THEREFORE, the parties hereby stipulate that, subject to the Court’s approval:

1. Defendant NATO’s motion for attorneys’ fees will be heard on February 16, 2017 at 1:30 p.m. or such other time as the Court determines is convenient.

2. Plaintiff’s response in opposition to Defendant NATO’s motion for attorneys’ fees is due on or before January 24, 2017 and Defendant NATO’s reply brief is due on or before February 26 2, 2017.

IT IS SO STIPULATED.

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STIPULATION AND [PROPOSED] ORDER

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

Case 3:16-cv-00935-RS Document 68 Filed 12/22/16 Page 3 of 3

DATED: December 22, 2016

LAW OFFICES OF DAVID SCHACHMAN, P.C.

By: /s/ David Schachman

DAVID SCHACHMAN

Attorneys for Plaintiff Timothy Forsyth

DATED: December 22, 2016

BRYAN CAVE LLP

By: /s/ K. Lee Marshall

K. LEE MARSHALL

Attorneys for Defendant National Association of Theatre Owners

Pursuant to Civil Local Rule 5-1(i)(3), the filer attests that all signatories concur with this filing.

DATED: December 22, 2016 By: /s/ David Schachman

THE COURT FINDS GOOD CAUSE EXISTS FOR THE PARTIES’ STIPULATION AND ON THAT BASIS THE FOREGOING STIPULATION IS APPROVED AND IS SO ORDERED.

DATED: _1_2_/_2_2_/1_6

HONORABLE RICHARD SEEBORG

UNITED STATES DISTRICT JUDGE

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STIPULATION AND [PROPOSED] ORDER

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

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