Free Ex Parte Application - District Court of California - California

Case 5:07-cv-04853-HRL

Document 8

Filed 12/20/2007

Page 1 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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, WARNER BROS. RECORDS INC.; SONY BMG MUSIC ENTERTAINMENT; UMG RECORDINGS, INC.; and VIRGIN RECORDS AMERICA, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION WARNER BROS. RECORDS INC., a Delaware corporation; SONY BMG MUSIC ENTERTAINMENT, a Delaware general partnership; UMG RECORDINGS, INC., a Delaware corporation; and VIRGIN RECORDS AMERICA, INC., a California corporation, Plaintiffs, v. CASE NO. 5:07-CV-04853-HRL Honorable Howard R. Lloyd EX PARTE APPLICATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER

JOHN DOE #10, Defendant.

Ex Parte Application to Continue CMC and [Proposed] Order Case No. 5:07-cv-04853-HRL
#34581 v1

Case 5:07-cv-04853-HRL

Document 8

Filed 12/20/2007

Page 2 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Plaintiffs respectfully request that the Court continue the case management conference currently set for January 8, 2008, at 1:30 p.m. to April 8, 2008. Plaintiffs filed the Complaint against Defendant John Doe #10 ("Defendant") on September 20, 2007. Also on September 20, 2007, Plaintiffs filed their Ex Parte Application for Leave to Take Immediate Discovery seeking the Court's permission to serve a Rule 45 subpoena on San Francisco State University ("SFSU"), so that Plaintiffs could obtain information sufficient to identify Defendant. On October 3, 2007, this Court issued its Order Granting Plaintiffs' Ex Parte Application for Leave to Take Immediate Discovery authorizing Plaintiffs to serve a Rule 45 subpoena on SFSU. On November 16, 2007, SFSU responded to Plaintiffs' subpoena, providing Plaintiffs with identifying information including Defendant's name, telephone number, and address. After learning Defendant's identity, Plaintiffs sent a letter to Defendant on December 4, 2007 in hopes of resolving this dispute without further litigation, and have attempted to follow up via telephone and e-mail. If Plaintiffs are unable to contact Defendant and resolve the dispute, Plaintiffs plan to file an amended complaint naming Defendant personally. Given the foregoing circumstances, and because there is not yet a named defendant in this case, a case management conference is unnecessary at this time. Plaintiffs therefore respectfully request that the Court continue the case management conference currently set for January 8, 2008, at 1:30 p.m. to April 8, 2008. Dated: December 20, 2007 HOLME ROBERTS & OWEN LLP

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

1 Ex Parte Application to Continue CMC and [Proposed] Order Case No. 5:07-cv-04853-HRL
#34581 v1

Case 5:07-cv-04853-HRL

Document 8

Filed 12/20/2007

Page 3 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: ___________________ Good cause having been shown:

ORDER

IT IS ORDERED that the case management conference currently set for January 8, 2008, at 1:30 p.m. be continued to April 8, 2008.

By: _____________________________ Honorable Howard R. Lloyd United States Magistrate Judge

1 Ex Parte Application to Continue CMC and [Proposed] Order Case No. 5:07-cv-04853-HRL
#34581 v1