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

Case 3:07-cv-04865-MMC

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Filed 12/28/2007

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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; LAFACE RECORDS LLC; WARNER BROS. RECORDS INC.; ARISTA RECORDS LLC; and MOTOWN RECORD COMPANY, L.P. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION SONY BMG MUSIC ENTERTAINMENT, a Delaware general partnership; LAFACE RECORDS LLC, a Delaware limited liability company; WARNER BROS. RECORDS INC., a Delaware corporation; ARISTA RECORDS LLC, a Delaware limited liability company; and MOTOWN RECORD COMPANY, L.P., a California limited partnership, Plaintiffs, v. CASE NO. 3:07-CV-04865-MMC Honorable Maxine M. Chesney EX PARTE APPLICATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER

JOHN DOE, Defendant.

Ex Parte Application to Continue CMC and [Proposed] Order Case No. 3:07-cv-04865-MMC
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Case 3:07-cv-04865-MMC

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Plaintiffs respectfully request that the Court continue the case management conference currently set for January 4, 2008, at 10:30 a.m. to April 4, 2008. Plaintiffs filed the Complaint against Defendant John Doe ("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 University of San Francisco, 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 University of San Francisco. On November 30, 2007, University of San Francisco responded to Plaintiffs' subpoena, providing Plaintiffs with identifying information including Defendant's name, address, and telephone number. Now that Plaintiffs know Defendant's identity, and in hopes of avoiding further litigation, Plaintiffs have sent a letter to Defendant on December 18, 2007 asking her to contact Plaintiffs regarding possible settlement of this matter. If the parties do not resolve this dispute, Plaintiffs plan to file an amended complaint naming Defendant personally. Given the foregoing circumstances, and because there is not yet a named defendant in this case, a case management conference is unnecessary at this time. Plaintiffs therefore request that the Court continue the case management conference currently set for January 4, 2008, at 10:30 a.m. to April 4, 2008. Dated: December 20, 2007 HOLME ROBERTS & OWEN LLP

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

1 Ex Parte Application to Continue CMC and [Proposed] Order Case No. 3:07-cv-04865-MMC
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Case 3:07-cv-04865-MMC

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Filed 12/28/2007

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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 December 28, 2007 Dated: ___________________ Good cause having been shown:

ORDER IT IS ORDERED that the case management conference currently set for January 4, 2008, at 10:30 a.m. be continued to April 4, 2008.

By: _____________________________ Honorable Maxine M. Chesney United States District Judge

1 Ex Parte Application to Continue CMC and [Proposed] Order Case No. 3:07-cv-04865-MMC
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