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 SONY BMG MUSIC ENTERTAINMENT, a Delaware general partnership; WARNER BROS. RECORDS INC., a Delaware corporation; and UMG RECORDINGS, INC., a Delaware corporation, Plaintiffs, v. JUSTIN MCLAURIN, Defendant. CASE NO. 3:07-CV-04792-MEJ The Honorable Maria-Elena James EX PARTE APPLICATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER

Ex Parte Application to Continue Case Management Conference and [Proposed] Order Case No. 3:07-cv-04792-MEJ
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Case 3:07-cv-04792-MEJ

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Plaintiffs respectfully request that the Court continue the case management conference currently set for March 27, 2008, at 10:00 a.m. to June 26, 2008. As further explained below, Plaintiffs are still attempting to determine Defendant's whereabouts and serve him with process. In support of this request, Plaintiffs state as follows: 1. Plaintiffs filed their complaint in this matter on September 18, 2007. The Court

previously issued an Order continuing the case management conference from the original date of December 27, 2007 to the currently scheduled date. The Court also issued an Order extending the deadline for service of process to April 15, 2008. 2. Plaintiffs have thus far been unsuccessful at serving Defendant with process. To date,

Plaintiffs have attempted to serve Defendant both at the Santa Cruz address listed on the Summons (at which Defendant no longer resides) and at a Los Angeles address that Plaintiffs discovered through a database search. Despite multiple service attempts, Plaintiffs were unable to effectuate service at either address, and have since contracted for a further investigation to determine where Defendant can 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. Plaintiffs will continue making diligent efforts to locate and serve Defendant.

However, because Defendant has not yet been served with process, a case management conference at this time is unnecessary. 4. Accordingly, Plaintiffs respectfully request that the Court continue the case

management conference currently set for March 27, 2008, at 10:00 a.m. to June 26, 2008, or such other date as conveniences the Court. 5. Plaintiffs will provide the Defendant with a copy of this request and any Order

concerning this request when service of process occurs.

DATED: March 17, 2008

HOLME ROBERTS & OWEN LLP By: ___/s/ Matthew Franklin Jaksa____ Matthew Franklin Jaksa Attorney for Plaintiffs

1 Ex Parte Application to Continue Case Management Conference and [Proposed] Order Case No. 3:07-cv-04792-MEJ
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Case 3:07-cv-04792-MEJ

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2 Ex Parte Application to Continue Case Management Conference and [Proposed] Order Case No. 3:07-cv-04792-MEJ
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ORDER Good cause having been shown: IT IS ORDERED that the case management conference currently scheduled for March 27, 2008, at 10:00 a.m. be continued to June 26, 2008.

Dated: _______________

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