Free Ex Parte Application - District Court of California - California

Case 4:07-cv-04854-WDB

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Filed 07/10/2008

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Dawniell Alise Zavala (CA State Bar No. 253130) 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 VACATE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER

BRITTANY RAQUEL GRAY, Defendant.

EX PARTE APPLICATION TO VACATE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER Case No. C 07-04854 WDB
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Case 4:07-cv-04854-WDB

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Plaintiffs respectfully request that the Court vacate the case management conference set for July 17, 2008 at 4:00 p.m. Defendant is in default, Plaintiffs will be filing their Notice of Motion and Motion for Default Judgment by July 21, 2008. Thus, there appears to be no need for a case management conference at this time. Accordingly, Plaintiffs respectfully request that the Court vacate the case management conference set for July 17, 2008 at 4:00 p.m.

Dated: July 9, 2008

HOLME ROBERTS & OWEN LLP

By: _________/s/ Dawniell Alise Zavala___ DAWNIELL ALISE ZAVALA Attorney for Plaintiffs

[PROPOSED] ORDER Good cause having been shown: IT IS ORDERED that the case management conference currently set for July 17, 2008, at 4:00 p.m., is hereby vacated.

Dated: ___________________

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

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EX PARTE APPLICATION TO VACATE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER Case No. C 07-04854 WDB
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Case 4:07-cv-04854-WDB

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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 July 10, 2008, I served the foregoing documents described as: EX PARTE APPLICATION TO VACATE 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: Brittany Raquel Gray 75 Poncetta Drive 215 Daly City, CA 94015 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 July 10, 2008 at San Francisco, California.

Della Grant

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