Free Ex Parte Application - District Court of California - California

Case 3:07-cv-04868-WHA

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Filed 12/21/2007

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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, BMG MUSIC; MAVERICK RECORDING COMPANY; UMG RECORDINGS, INC.; CAPITOL RECORDS, INC.; SONY BMG MUSIC ENTERTAINMENT; and ARISTA RECORDS LLC UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION BMG MUSIC, a New York general partnership; MAVERICK RECORDING COMPANY, a California joint venture; UMG RECORDINGS, INC., a Delaware corporation; CAPITOL RECORDS, INC., a Delaware corporation; SONY BMG MUSIC ENTERTAINMENT, a Delaware general partnership; and ARISTA RECORDS LLC, a Delaware limited liability company, Plaintiffs, v. CASE NO. 3:07-CV-04868-WHA Honorable William H. Alsup EX PARTE APPLICATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER

JOHN DOE, Defendant.

Ex Parte Application to Continue CMC and [Proposed] Order Case No. 3:07-cv-04868-WHA
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Case 3:07-cv-04868-WHA

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Plaintiffs respectfully request that the Court continue the case management conference currently set for January 3, 2008, at 11:00 a.m. to April 3, 2008. As further explained below, there is not yet a named defendant in this case, and Plaintiffs do not yet know the true identity of Defendant John Doe ("Defendant"). Plaintiffs filed the Complaint against 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 to Defendant by Defendant's Internet Service Provider ­ here, University of San Francisco ("USF"). Accordingly, 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 USF so that Plaintiffs could discover information sufficient to identify Defendant. On September 25, 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 USF. On November 30, 2007, USF responded to several subpoenas served by Plaintiffs' on USF in conjunction with this case and other similar cases. However , USF did not provide Plaintiffs with information permitting Plaintiffs to identify Defendant in this particular case. Since that time Plaintiffs, have been in communication with USF and are attempting to determine whether USF possesses further information that would allow Plaintiffs to identify Defendant. If Plaintiffs determine that USF does not have such information, Plaintiffs will promptly file a notice of dismissal without prejudice pursuant to Federal Rule of Civil Procedure 41. If Plaintiffs are able to identify Defendant, Plaintiffs will attempt to contact Defendant and attempt to resolve this dispute. /// /// /// /// /// /// ///
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Case 3:07-cv-04868-WHA

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However, because there is not yet a named defendant in this case and Plaintiffs do not yet know Defendant's true identity, 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 3, 2008, at 11:00 a.m. to April 3, 2008. Dated: December 21, 2007 HOLME ROBERTS & OWEN LLP

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

ORDER Good cause having been shown: IT IS ORDERED that the case management conference currently set for January 3, 2008, at 11:00 a.m. be continued to April 3, 2008.

Dated: ___________________

By: _____________________________ Honorable William H. Alsup United States District Judge

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