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

Case 4:07-cv-04854-WDB

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Filed 12/20/2007

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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, SONY BMG MUSIC ENTERTAINMENT; ARISTA RECORDS LLC; INTERSCOPE RECORDS; BMG MUSIC; UMG RECORDINGS, INC.; and WARNER BROS. RECORDS INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION SONY BMG MUSIC ENTERTAINMENT, a Delaware general partnership; ARISTA RECORDS LLC, a Delaware limited liability company; INTERSCOPE RECORDS, a California general partnership; BMG MUSIC, a New York general partnership; UMG RECORDINGS, INC., a Delaware corporation; and WARNER BROS. RECORDS INC., a Delaware corporation, Plaintiffs, v. CASE NO. C 07-04854 WDB The Honorable Wayne D. Brazil EX PARTE APPLICATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER

JOHN DOE #8, Defendant.

EX PARTE APPLICATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER Case No. C 07-04854 WDB
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Plaintiffs respectfully request that the Court continue the case management conference currently set for January 3, 2008, at 4:00 p.m. to April 3, 2008. Plaintiffs filed the Complaint against Defendant John Doe #8 ("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 September 28, 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, address, and telephone number. Since that time, Plaintiffs and Defendant have been in contact, and have reached a settlement. The parties are now in the process of finalizing the settlement documents. Plaintiffs will promptly file dispositional documents with the Court once the settlement is final. Given the foregoing circumstances, a case management conference is unnecessary at this time. Plaintiffs therefore request that the Court continue the case management conference currently set for set for January 3, 2008, at 4:00 p.m. to April 3, 2008. Dated: December 19, 2007 HOLME ROBERTS & OWEN LLP

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

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Case 4:07-cv-04854-WDB

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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 12/20/2007 Dated: ___________________ Good cause having been shown:

ORDER

IT IS ORDERED that the case management conference currently set for January 3, 2008, at 4:00 p.m. be continued to April 3, 2008.

By: _____________________________ Honorable Wayne D. Brazil United States Magistrate Judge

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