Free Ex Parte Application - District Court of California - California

Case 3:07-cv-04792-MEJ

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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; WARNER BROS. RECORDS INC.; and UMG RECORDINGS, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION CASE NO. 3:07-CV-04792-MEJ SONY BMG MUSIC ENTERTAINMENT, a Delaware general partnership; WARNER BROS. Honorable Maria-Elena James RECORDS INC., a Delaware corporation; and UMG RECORDINGS, INC., a Delaware EX PARTE APPLICATION TO EXTEND corporation, TIME FOR SERVICE OF PROCESS AND [PROPOSED] ORDER Plaintiffs, v. JUSTIN MCLAURIN,

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Ex Parte Application to Extend Service Deadline and [Proposed] Order Case No. 3:07-cv-04792-MEJ
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Defendant.

Case 3:07-cv-04792-MEJ

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Pursuant to Rules 4(m) and 6(b)(1)(A) of the Federal Rules of Civil Procedure, Plaintiffs respectfully request an additional 90 days to serve Defendant with the Summons and Complaint. As further explained below, Plaintiffs continue to attempt to determine where Defendant may be found and served with process. In support of this request, Plaintiffs state as follows: 1. Plaintiffs filed their complaint in this matter on September 18, 2007. The current

deadline for service of process is April 15, 2008. The Court granted Plaintiffs' previous request for a 90-day extension of the service deadline by its Order of January 16, 2008. At that time, Plaintiffs had already attempted to serve defendant at both a Santa Cruz and a Los Angeles address, but were unable to locate and serve defendant at either location. 2. Plaintiffs continue to attempt to locate and serve Defendant. After their previous

service attempts failed, Plaintiffs contracted for a further investigation to determine where Defendant may be found and served with process. Plaintiffs are still awaiting the final results of that investigation, and in particular the results of a postal trace of the Los Angeles address. 3. The initial case management conference is set for June 19, 2008, as previously

continued by the Court's order of January 16, 2008. Plaintiffs are hopeful that they will be able to serve Defendant in time for Defendant to file a response and participate in the case management conference on the currently scheduled date. However, if Plaintiffs are unable to serve Defendant, they will file a request to further continue the case management conference at the appropriate time. 4. Plaintiffs' diligence in attempting to locate and serve Defendant demonstrates "good

cause" under Rule 4 for an extension of time for service. See Gambino v. Village of Oakbrook, 164 F.R.D. 271, 275 (M.D. Fla. 1995) (finding good cause to expand the time limit for service where plaintiff made a "reasonable effort to serve defendant"); see also Matasareanu v. Williams, 183 F.R.D. 242, 245-46 (C.D. Cal. 1998) (stating good cause standard for service extensions). This Court has discretion to enlarge the time to serve even where there is no good cause shown. Henderson v. United States, 517 U.S. 654, 658 n. 5 (1996). 5. Because the copyright infringements alleged here occurred in 2007, the three-year

limitations period for these claims has not expired. See 17 U.S.C. § 507(b) (2000). There can thus be no prejudice to the defendant from any delay in serving the complaint.
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6.

Plaintiffs will provide the Defendant with a copy of this request and any Order

concerning this request when service of process occurs.

DATED: April 15, 2008

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, pursuant to the Federal Rules of Civil Procedure, Rules 4(m) and 6(b), Plaintiffs' time to serve the summons and complaint on Defendant is hereby extended 90 days to July 14, 2008.

Dated: _______________

By; ________________________________ Honorable Maria-Elena James United States Magistrate Judge

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