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Corbello v. DeVito, 2:08-cv-00867-RCJ-PAL. (2016)

Court: District Court, D. Nevada Number: infdco20160601c43 Visitors: 2
Filed: May 31, 2016
Latest Update: May 31, 2016
Summary: JOINT STIPULATION RE BRIEFING SCHEDULE FOR THE PARTIES' PENDING SUMMARY JUDGMENT AND PARTIAL REQUEST FOR ORDER APPROVING STIPULATION ROBERT C. JONES , District Judge . Currently pending before the Court are Plaintiff's Motion for Partial Summary Judgment on the Second Affirmative Defense (Licensed Use) in New Defendants' Answer to Plaintiff's Third Amended Complaint (ECF #928); Plaintiff's Motion for Partial Summary Judgment re Lapse of 1999 Agreement (ECF #933); New Defendants' Motion for
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JOINT STIPULATION RE BRIEFING SCHEDULE FOR THE PARTIES' PENDING SUMMARY JUDGMENT AND PARTIAL REQUEST FOR ORDER APPROVING STIPULATION

Currently pending before the Court are Plaintiff's Motion for Partial Summary Judgment on the Second Affirmative Defense (Licensed Use) in New Defendants' Answer to Plaintiff's Third Amended Complaint (ECF #928); Plaintiff's Motion for Partial Summary Judgment re Lapse of 1999 Agreement (ECF #933); New Defendants' Motion for Partial Summary Judgment on the Issue of Fair Use, and on the Absence of any Remaining Similarities (ECF #934); and New Defendants' Motion for Summary Judgment on Plaintiff's Foreign Claims of Copyright Infringement (ECF #935) (collectively, "the Motions"). Per Order of this Court dated May 19, 2016 (ECF #938), oral argument for the Motions has been set for 10:00 A.M., July 28, 2016.

The current deadline for Opposition to the Motions is May 26, 2016. This deadline is problematic for the parties for a number of reasons. As to New Defendants, counsel with both the Leopold, Petrich & Smith law firm and the Miller Korzenik Sommers law firm have preexisting commitments (a corporate advisory council annual meeting; a memorial service) requiring their attendance on May 26, 2016, as well as related travel immediately preceding that date. As to Plaintiff, lead counsel, Gregory H. Guillot, was engaged, almost full-time, in reply briefing and motion practice before the Ninth Circuit Court of Appeals in another case, from May 3, 2016 — the day following service of the dispositive motions herein — to May 17, 2016, and accordingly, has not yet been unable to devote adequate time to Plaintiff's responses to New Defendants' motions; co-counsel, Robert H. McKirgan, is leaving this week for a long-scheduled family vacation; and, Plaintiff's response to New Defendants' Motion for Summary Judgment on Plaintiff's Foreign Claims of Copyright Infringement requires consultation with foreign law firms in Australia, Canada, and the United Kingdom, and this process is not yet complete. The parties have met and conferred through counsel and agreed to extend the deadline for Opposition to the Motions to June 20, 2016, with an agreed-upon deadline for Replies in support of the Motions of July 11, 2016. The parties have further agreed and hereby represent to the Court that this will be the only request for an extension regarding the briefing schedule for the Motions and there will be no request to continue the July 28, 2016 hearing thereon, set by the Court in its Order (ECF #938) dated May 19, 2016.

Accordingly, all parties now stipulate, agree and request that the parties be accorded through June 20, 2016 within which to respond to the Motions, and through July 11, 2016 within which to file replies in support thereof.

IT IS SO ORDERED.

Source:  Leagle

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