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

Case 3:07-cv-04792-MEJ

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Filed 01/16/2008

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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; 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 December 27, 2007, at 10:00 a.m. to March 27, 2008. Plaintiffs filed their complaint in this matter on September 18, 2007. Defendant has not yet been served with the summons and complaint. Plaintiffs have thus far been unable to locate Defendant to accomplish service, and are still attempting to locate Defendant to personally serve him with the summons and complaint. Given these circumstances, a case management conference on the scheduled date would be premature. Accordingly, plaintiffs respectfully request that the Court continue the case June 19 management conference currently set for December 27, 2007, at 10:00 a.m. to March 27, 2008.

DATED: December 5, 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 scheduled for December 27, 2007, at 10:00 a.m. be continued to March 27, 2008. January 16, 2008 Dated: _______________

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

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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PROOF OF SERVICE STATE OF CALIFORNIA, CITY AND COUNTY OF SAN FRANCISCO I am employed in the office of Holme Roberts & Owen in San Francisco, California. I am over the age of eighteen years and not a party to the within action. My business address is 560 Mission Street, 25th Floor, San Francisco, CA 94105. On December 5, 2007, I served the foregoing documents described as: EX PARTE APPLICATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER on the interested party in this action by placing a true and correct copy thereof enclosed in a sealed envelope addressed as follows: Justin McLaurin 101 McLaughlin Drive Santa Cruz, CA 95064

BY MAIL: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. postal service on that same day with postage thereon fully prepaid at San Francisco, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. (FEDERAL) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. Executed on December 5, 2007 at San Francisco, California.

Molly Morris

1 Proof of Service Case No. 3:07-cv-04792-MEJ
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