Free Order - District Court of California - California

Case 4:07-cv-04854-WDB

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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 ----------------

BRITTANY RAQUEL GRAY, 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 April 3, 2008, at 4:00 p.m. to July 10, 2008. As further explained below, Defendant Brittany Raquel Gray ("Defendant") has not appeared in this action. Accordingly, Plaintiffs were prepared to seek entry of default and a default judgment; however, Defendant has now contacted Plaintiffs and the parties have reached a provisional settlement. Therefore, a case management conference is unnecessary at this time. 1. Plaintiffs initially filed the Complaint in this matter against a John Doe defendant on

September 20, 2007. In order to discover the Doe defendant's true identity, Plaintiffs also filed their Ex Parte Application for Leave to Take Immediate Discovery seeking the Court's permission to serve a Rule 45 subpoena on Defendant's Internet Service Provider ("ISP"). On September 28, 2007, the Court issued an Order for Leave to Take Immediate Discovery. Plaintiffs then served a subpoena on the ISP, which thereafter identified the Defendant, Brittany Raquel Gray. 2. While this case was in the Doe stage, the Court issued a December 20, 2007 Order

granting Plaintiffs' previous request to continue the case management conference from January 3, 2008 to the currently scheduled date. 3. Once the ISP identified Ms. Gray, the parties engaged in settlement discussions.

However, a provisional settlement failed and was never finalized. Accordingly, on February 4, 2008, Plaintiffs filed the First Amended Complaint naming Ms. Gray individually as Defendant. Defendant was served with process on February 24, 2008 by personal service. 4. Defendant has not answered or otherwise responded to the Complaint. Accordingly,

Plaintiffs were poised to request entry of default and seek a default judgment. However, Defendant contacted Plaintiffs on March 24, 2008 (the date of this filing), and the parties have again reached a provisional settlement. Once the settlement is final, Plaintiffs will promptly file appropriate dispositional documents with the Court.

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5.

Given the circumstances of this case, Plaintiffs respectfully request that the Court

continue the case management conference from April 3, 2008, at 4:00 p.m. to July 10, 2008, or such other date as conveniences the Court. Dated: March 24, 2008 HOLME ROBERTS & OWEN LLP

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

---------------[PROPOSED] ORDER Good cause having been shown: IT IS ORDERED that the case management conference currently set for April 3, 2008, at July 17, 2008, at 4:00 p.m. 4:00 p.m., is hereby continued to July 10, 2008. ---------------

3/26/08 Dated: ___________________

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

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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 March 24, 2008, 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: 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 March 24, 2008 at San Francisco, California.

Della Grant

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