Case 2:13-cv-06004-JAK-AGR Document 360 Filed 03/20/15 Page 1 of 2 Page ID #:10808

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES GENERAL
Case No.

LA CV13-06004 JAK (AGRx)

Title

Pharrell Williams, et al. v. Bridgeport Music, Inc., et al.

Present: The Honorable

Date

March 20, 2015

JOHN A. KRONSTADT, UNITED STATES DISTRICT JUDGE

Andrea Keifer

Not Reported

Deputy Clerk

Court Reporter / Recorder

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not Present

Not Present

Proceedings:

(IN CHAMBERS) ORDER DENYING COUNTERCLAIM-DEFENDANTS

MOTION TO STRIKE (DKT. 356), VACATING BRIEFING SCHEDULE, AND
DIRECTING PARTIES TO FILE A JOINT REPORT

The Court has reviewed Plaintiffs and Counterclaim-Defendants Motion to Strike Counter-Claimants
Motion to Correct the Verdict and for Injunctive Relief and Request for a Status Conference to Set a
Briefing Schedule for All Post-Trial Motions (Motion), as well as the motions these parties seek to
strike. Dkt. 356. Counterclaimants have not yet responded to the Motion. However, to ensure judicial and
party efficiency with respect to the briefing of post-trial matters, this Order addresses certain pending
issues and sets forth the steps that the parties are to take as to briefing.
First, the Motion to Strike is DENIED. Counterclaim-Defendants argue that Counterclaimants motions
have certain procedural and legal deficiencies. These issues are to be decided on the merits, and not on
the summary basis advanced by Counterclaim-Defendants. They cite no legal authority to support the
request to strike. Filings may be stricken pursuant a courts inherent powers. See Ready Transp., Inc. v.
AAR Mfg., Inc., 627 F.3d 402, 404 (9th Cir. 2010).1 However, Counterclaim-Defendants fail to show that
the exercise of these powers, which must be done with restraint and discretion, is warranted here. See
id. at 404-05 (these powers are generally reserved to address, e.g., abusive litigation conduct) (citation
omitted).
Second, the Request for a Status Conference to Set a Briefing Schedule is GRANTED IN PART. Two
post-trial motions have been filed, another is set for briefing and more appear to be planned. At present,
it appears likely that these motions will address issues that are interrelated. It will be more efficient for the
Court and the parties if piecemeal litigation is avoided. Instead, the issues should be presented and
addressed in a comprehensive manner.2
1

Fed. R. Civ. P. 12(f) is inapplicable because it is limited to pleadings. See Sidney-Vinstein v. A.H. Robins Co., 697
F.2d 880, 885 (9th Cir. 1983) (Under the express language of [Rule 12(f)], only pleadings are subject to motions to
strike.).
2
In addition, Counterclaim-Defendants represent that they are evaluating whether there are any conflicts of
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Case 2:13-cv-06004-JAK-AGR Document 360 Filed 03/20/15 Page 2 of 2 Page ID #:10809

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES GENERAL
Case No.

LA CV13-06004 JAK (AGRx)

Date

Title

Pharrell Williams, et al. v. Bridgeport Music, Inc., et al.

March 20, 2015

For these reasons, the following procedures are adopted with respect to post-trial motions:
1. The current briefing schedule for Counterclaimants Motion to Correct the Jurys Verdict and
Motion for Permanent Injunction, and for Plaintiffs and Counterclaim-Defendants motion
regarding declaratory relief issues, is VACATED;
2. No later than March 25, 2015, the parties shall meet and confer as to each of the following
matters:
a. What post-trial motion(s) each side plans to file;
b. The proposed briefing schedule for all such motions, i.e., the date on which each will be
filed, the date on which the opposition to each will be filed, and the date on which any
reply in support of each will be filed. The parties shall also discuss a proposed date for
the hearing of all such motions in the event that one is conducted; and
c. Any other post-trial issues that remain.
3. If Counterclaimants wish to withdraw and refile their Motion to Correct the Jurys Verdict and/or
their Motion for Permanent Injunction in connection with this revised briefing schedule in which
certain other related motions may be filed, they are granted leave to do so.
4. On or before March 27, 2015, the parties shall file a Joint Report that sets forth their collective or
respective positions as to these matters.
5. Upon receiving the Joint Report, the Court will determine whether a status conference is
necessary or if it will set dates based on what is set forth in the Joint Report.
IT IS SO ORDERED.

:
Initials of Preparer

ak

interest that may necessitate separate counsel for certain Counter-Defendants with respect to post-trial
proceedings and entry of judgment. Dkt. 356 at 5.
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