Free Order - District Court of California - California

Case 5:07-cv-03783-JF

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Filed 05/02/2008 Page 1 of 3 **E-filed 5/2/08**

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KELLY M. KLAUS (SBN 161091) [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 AMY C. TOVAR (SBN 230370) [email protected] MUNGER, TOLLES & OLSON LLP 560 Mission Street Twenty-Seventh Floor San Francisco, CA 94105-2907 Telephone: (415) 512-4000 Facsimile: (415) 512-4077 Attorneys for Defendants UNIVERSAL MUSIC CORP., UNIVERSAL MUSIC PUBLISHING, INC. AND UNIVERSAL MUSIC PUBLISHING GROUP UNITED STATES DISTRICT COURT

13 NORTHERN DISTRICT OF CALIFORNIA 14 15 STEPHANIE LENZ, 16 Plaintiff, 17 vs. 18 19 20 Defendants. 21 22 23 24 25 26 27 28
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CASE NO. CV-07-03783 --------------STIPULATION AND [PROPOSED] ORDER REGARDING [1] TIME TO RESPOND TO SECOND AMENDED COMPLAINT AND BRIEFING SCHEDULE FOR MOTION TO DISMISS AND [2] SCHEDULE FOR CASE MANAGEMENT CONFERENCE Date: Time: Judge: Dept: July 18, 2008 9:00 a.m. Hon. Jeremy Fogel 3

UNIVERSAL MUSIC CORP., UNIVERSAL MUSIC PUBLISHING, INC. and UNIVERSAL MUSIC PUBLISHING GROUP,

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

Case 5:07-cv-03783-JF

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Plaintiff Stephanie Lenz and Defendants Universal Music Corp., Universal Music Publishing, Inc., and Universal Musical Publishing Group, by and through their respective counsel of record, hereby declare and stipulate as follows: WHEREAS, Plaintiff filed a Second Amended Complaint on April 18, 2008; WHEREAS, Defendants intend to file a Motion to Dismiss the Second Amended Complaint (the "Motion to Dismiss"); WHEREAS, the Parties have met and conferred regarding Defendants' time to respond to the Second Amended Complaint and a briefing schedule for the Motion to Dismiss, Plaintiff's Opposition to the Motion to Dismiss, and Defendants' Reply in Support of the Motion to Dismiss; WHEREAS, the Parties have confirmed with the Courtroom Deputy that the first available date to appear for the Motion to Dismiss is July 18, 2008 at 9:00 a.m. and that the Parties may appear on that date; WHEREAS, a Case Management Conference ("CMC") is set for May 23, 2008 at 10:30 a.m. pursuant to the Clerk's Notice entered April 15, 2008; WHEREAS, the Parties believe that it would further the interests of efficiency and conservation of resources to reset the CMC to the same date and time as the hearing on the Motion to Dismiss; WHEREAS, the Parties believe that the modifications to the schedule as set forth herein will not materially affect the overall schedule for the case; and WHEREAS, pursuant to Civil Local Rule 6-2(a)(2), the Parties disclose that there have been three previous stipulated time modifications in this case (filed on August 20, 2007, October 11, 2007, and November 16, 2007). Those modifications all related to the briefing schedule and hearing date for the Motion to Dismiss the Amended Complaint and/or the date for the Initial Case Management Conference. ACCORDINGLY, THE PARTIES STIPULATE AS FOLLOWS: [1] Defendants shall file and serve the Motion to Dismiss on or before Friday,

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

Case 5:07-cv-03783-JF

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[2]

Plaintiff shall file and serve her Opposition to the Motion to Dismiss on or

before Friday, June 20, 2008. [3] Defendants shall file and serve their Reply in Support of the Motion to

Dismiss on or before Thursday, July 3, 2008. [4] The May 23, 2008 CMC date shall be reset to the date and time presently

reserved for the hearing on the Motion to Dismiss, i.e., July 18, 2008 at 9:00 a.m. The parties shall file their joint report by no later than July 8, 2008. DATED: April 29, 2008 ELECTRONIC FRONTIER FOUNDATION By: /s/ CORYNNE McSHERRY

Attorney for Plaintiff DATED: April 29, 2008 MUNGER, TOLLES & OLSON LLP By: /s/ AMY C. TOVAR

Attorney for Defendants

ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED.

DATED:

5/2/08 UNITED STATES DISTRICT JUDGE JEREMY FOGEL

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