Free Order on Ex Parte Application - District Court of California - California

Case 3:07-cv-04859-CRB

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Filed 03/26/2008

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Matthew Franklin Jaksa (CA State Bar No. 248072) HOLME ROBERTS & OWEN LLP 560 Mission Street, 25th Floor San Francisco, CA 94105-2994 Telephone: (415) 268-2000 Facsimile: (415) 268-1999 Email: [email protected] Attorneys for Plaintiffs, SONY BMG MUSIC ENTERTAINMENT; ARISTA RECORDS LLC; UMG RECORDINGS, INC.; and ELEKTRA ENTERTAINMENT GROUP INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION SONY BMG MUSIC ENTERTAINMENT, a Delaware general partnership; ARISTA RECORDS LLC, a Delaware limited liability company; UMG RECORDINGS, INC., a Delaware corporation; and ELEKTRA ENTERTAINMENT GROUP INC., a Delaware corporation, Plaintiffs, v. JOHN DOE, Defendant. CASE NO. 3:07-CV-04859-CRB Honorable Charles R. Breyer EX PARTE APPLICATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER

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Plaintiffs respectfully request that the Court continue the case management conference currently set for April 4, 2008 at 8:30 a.m. to July 11, 2008. As set forth in greater detail below, Plaintiffs have not yet discovered the true identity of the Doe defendant in this case, and will be unable to do so unless the Court grants Plaintiffs' Ex Parte Application for Leave to Take Immediate Discovery, filed on September 20, 2007 and entered as Docket No. 3. 1. The Court issued a December 26, 2007 Order granting Plaintiffs' previous request

(made on the same grounds stated herein) for a 90-day continuance of the case management conference and 120-day extension of time for service of process. 2. Plaintiffs filed the Complaint for Copyright Infringement against Defendant John Doe

("Defendant") on September 20, 2007. Plaintiffs did not have sufficient identifying information to name Defendant in the Complaint, but were able to identify Defendant by the Internet Protocol address assigned by Defendant's Internet Service Provider ­ here, University of San Francisco ("USF"). 3. In order to determine Defendant's true identity, Plaintiffs filed their Ex Parte

Application for Leave to Take Immediate Discovery on September 20, 2007, seeking the Court's permission to serve a Rule 45 subpoena on USF. The Court has not yet ruled on Plaintiffs' Ex Parte Application for Leave to Take Immediate Discovery. 4. If the Court grants Plaintiffs' Ex Parte Application for Leave to Take Immediate

Discovery, Plaintiffs will attempt to determine Defendant's identity by serving a Rule 45 subpoena on USF. If Defendant is identified, Plaintiffs will give Defendant written notice of their claim and attempt to contact Defendant and resolve the dispute. If the dispute cannot be resolved, Plaintiffs plan to file a First Amended Complaint naming Defendant individually and then proceed to serve process upon him or her. 5. However, unless the Court grants Plaintiffs' Ex Parte Application for Leave to Take

Immediate Discovery, Plaintiffs cannot identify the Doe defendant, initiate settlement talks, or name Defendant individually and begin service attempts. 6. Given the foregoing circumstances, and because there is no known defendant with

whom to confer, a case management conference is unnecessary at this time. Plaintiffs therefore
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respectfully request that the Court continue the case management conference currently set for April 4, 2008 at 8:30 a.m. to July 11, 2008. Dated: March 24, 2008 HOLME ROBERTS & OWEN LLP

By: _________/s/ Matthew Franklin Jaksa___ MATTHEW FRANKLIN JAKSA Attorney for Plaintiffs

[PROPOSED] ORDER Good cause having been shown: IT IS ORDERED that the case management conference currently set for April 4, 2008 at 8:30 a.m. be continued to July 11, 2008.

UNIT ED

Honorable Charles R. Breyer United States District Judge D

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Dated: ___________________ March 26, 2008

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