Free Stipulation - District Court of California - California

Case 5:07-cv-03783-JF

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Filed 10/11/2007

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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

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION STEPHANIE LENZ, Plaintiff, vs. UNIVERSAL MUSIC CORP., UNIVERSAL MUSIC PUBLISHING, INC., and UNIVERSAL MUSIC PUBLISHING GROUP, Defendants. DATE: December 7, 2007 TIME: 9:00 a.m. CTRM: 3 (Honorable Jeremy Fogel) CASE NO. CV 07-03783-JF (RS) STIPULATION AND [PROPOSED] ORDER REGARDING [1] BRIEFING SCHEDULE ON DEFENDANTS' MOTION TO DISMISS AND SPECIAL MOTION TO STRIKE AND [2] SCHEDULE FOR CASE MANAGEMENT CONFERENCE

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

Case 5:07-cv-03783-JF

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Pursuant to Civil Local Rules 6-2 and 7-12, the Parties, by and through their counsel of record, hereby enter into the following stipulation and request Court approval of the same: WHEREAS, this case was originally assigned to a United States Magistrate Judge, and the Initial Case Management Conference ("CMC") was originally set for November 1, 2007; and WHEREAS, while the reassignment of this case to a United States District Judge was pending, Defendants filed their Motion to Dismiss and Special Motion to Strike (the "Motion to Dismiss") on September 21, 2007; and WHEREAS, following the reassignment to this Court, Defendants reserved December 7, 2007, at 9:00 a.m., for the hearing on the Motion to Dismiss; and WHEREAS, following the reassignment to this Court, the CMC was reset from November 1 to November 2, 2007, pursuant to Clerk's Notice entered October 9, 2007; and WHEREAS, the Parties have met and conferred regarding a briefing schedule for Plaintiff's Opposition to, and Defendants' Reply in Support of, the Motion to Dismiss; and WHEREAS, the Parties believe 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; and WHEREAS, the Parties believe that the modifications to the schedule as set forth herein will not materially affect the overall schedule for the case. ACCORDINGLY, THE PARTIES STIPULATE AS FOLLOWS: [1] Plaintiff shall file and serve her Opposition to the Motion to Dismiss on or before

Tuesday, November 13, 2007. [2] Defendants' shall serve and file their Reply in Support of the Motion to Dismiss

on or before Monday, November 26, 2007. [3] The November 2, 2007 CMC date is VACATED. The CMC shall be reset to the

date and time presently reserved for the hearing on the Motion, i.e., December 7, 2007, at 9:00 a.m. The parties shall confer at least 21 days prior to the CMC, and shall file their joint report by no later than November 26, 2007. Plaintiff reserves the right to argue that discovery should

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

Case 5:07-cv-03783-JF

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proceed pending the Court's ruling on the Motion, and Defendants reserve the right to argue that discovery should be stayed during that time.

DATED: October 11, 2007

ELECTRONIC FRONTIER FOUNDATION By: /s/ CORYNNE McSHERRY

Attorneys for Plaintiff DATED: October 11, 2007 MUNGER, TOLLES & OLSON LLP By: /s/ KELLY M. KLAUS

Attorneys for Defendants

ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED.

DATED: UNITED STATES DISTRICT JUDGE

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