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Rearden LLC v. Walt Disney Company, 3:17-cv-04006-JST (2019)

Court: District Court, N.D. California Number: infdco20190313850 Visitors: 7
Filed: Mar. 12, 2019
Latest Update: Mar. 12, 2019
Summary: STIPULATION AND [PROPOSED] ORDER RE: BRIEFING SCHEDULE ON MOTION FOR SUMMARY JUDGMENT ON CAUSAL NEXUS ISSUE JON S. TIGAR , District Judge . WHEREAS, the Studio Defendants requested leave to file an early summary judgment motion on the issue whether Plaintiffs can establish the causal nexus for a claim of "indirect profits" under the Copyright Act (Dkt. 127, No. 17-cv-04006; Dkt. 93, No. 17-cv-04191; Dkt. 93, No. 17-cv-04192). WHEREAS, the Court granted the Studio Defendants' request
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STIPULATION AND [PROPOSED] ORDER RE: BRIEFING SCHEDULE ON MOTION FOR SUMMARY JUDGMENT ON CAUSAL NEXUS ISSUE

WHEREAS, the Studio Defendants requested leave to file an early summary judgment motion on the issue whether Plaintiffs can establish the causal nexus for a claim of "indirect profits" under the Copyright Act (Dkt. 127, No. 17-cv-04006; Dkt. 93, No. 17-cv-04191; Dkt. 93, No. 17-cv-04192).

WHEREAS, the Court granted the Studio Defendants' request to file a summary judgment motion on the causal nexus issue and set a briefing schedule (Dkt. 128, No. 17-cv-04006; Dkt. 94, No. 17-cv-04191; Dkt. 94, No. 17-cv-04192).

WHEREAS, the Court entered a stipulation and order granting the Studio Defendants an additional two weeks to file their moving papers, and that the other dates in the Court-ordered briefing schedule should likewise be adjusted by two weeks (Dkt. 128, No. 17-cv-04006; Dkt. 99, No. 17-cv-04191; Dkt. 94, No. 17-cv-04192).

WHEREAS, the plaintiffs have requested, and defendants have agreed, that plaintiffs may have an additional week to provide their email letter identifying discovery they contend they need to oppose the motion, and that the other dates in the Court-ordered briefing schedule should likewise be adjusted by one week.

THE PARTIES THEREFORE STIPULATE:

[1] The schedule for the Studio Defendants' summary judgment motion on the causal nexus issue shall be continued by one week, as follows:

Defendants file motion for summary February 28, 2019 judgment on causal nexus issue Plaintiffs email a letter to Defendants March 14, 2019 identifying the discovery Plaintiffs contend they need to oppose the motion Deadline for parties to complete meet-and-confer March 28, 2019 on Plaintiffs' discovery requests relating to motion Parties file either: April 11, 2019 a. Stipulation and proposed order with schedule (i) for completing agreed-upon discovery relating to motion and (ii) filing opposition and reply briefs on motion or b. Simultaneous letter briefs (each not to exceed five single-spaced pages) setting forth their respective positions on discovery requests and schedule for finishing discovery and briefing on motion

[2] Should the parties submit simultaneous letter briefs as set forth above, they shall submit a separate, jointly prepared summary of their meet-and-confer efforts. The first draft of such summary shall be prepared by Defendants and shall be served (but not filed) by April 5, 2019. Any proposed revisions shall be served by Plaintiffs by April 9, 2019. Defendants shall file the final version of the summary on April 11, 2019.

[PROPOSED] ORDER

PURSUANT TO STIPULATION, IT IS ORDERED

FootNotes


1. Signed electronically by Mark S. Carlson with the concurrence of Kelly M. Klaus, pursuant to L.R. 5-1(i)(3).
Source:  Leagle

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