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

Case 3:07-cv-04869-CRB

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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, INTERSCOPE RECORDS; SONY BMG MUSIC ENTERTAINMENT; LOUD RECORDS LLC; BMG MUSIC; LAFACE RECORDS LLC; PRIORITY RECORDS LLC; and UMG RECORDINGS, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION INTERSCOPE RECORDS, a California general partnership; SONY BMG MUSIC ENTERTAINMENT, a Delaware general partnership; LOUD RECORDS LLC, a Delaware corporation; BMG MUSIC, a New York general partnership; LAFACE RECORDS LLC, a Delaware limited liability company; PRIORITY RECORDS LLC, a California limited liability company; and UMG RECORDINGS, INC., a Delaware corporation, Plaintiffs, v. JOHN DOE, Defendant. CASE NO. 3:07-CV-04869-CRB The Honorable Charles R. Breyer EX PARTE APPLICATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER

Ex Parte Application and [Proposed] Order Case No. 3:07-cv-04869-CRB
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Case 3:07-cv-04869-CRB

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Plaintiffs respectfully request that the Court continue the case management conference currently set for March 7, 2008 at 8:30 a.m. to June 6, 2008. As set forth in more detail below, Plaintiffs only recently identified the Doe defendant in this case, and Plaintiffs are attempting to contact the defendant and resolve the dispute before amending the Complaint to name him in the lawsuit and serving process upon him. In support of their request, Plaintiffs state as follows: 1. Upon Plaintiffs' previous request, the Court issued a January 7, 2008 Order

continuing the initial case management conference to June 17, 2008 and extending the deadline for service of process to May 2, 2008. However, the June 17 case management conference was vacated pursuant to the Court's Reassignment Order of February 15, 2008, and the conference was thereafter reset for the currently scheduled date of March 7, 2008. 2. Plaintiffs filed their Complaint for Copyright Infringement against Defendant John

Doe ("Defendant") on September 20, 2007. Plaintiffs did not have sufficient identifying information to name Defendant in the Complaint, but were able to identify Defendant by the Internet Protocol address assigned by Defendant's Internet Service Provider ("ISP"). Accordingly, in order to determine Defendant's true name and identity, Plaintiffs filed their Ex Parte Application for Leave to Take Immediate Discovery on September 20, 2007, requesting that the Court enter an Order allowing Plaintiffs to serve a Rule 45 subpoena on the ISP. 3. The Court entered an Order for Leave to take Immediate Discovery on January 3,

2008, which was promptly served upon the ISP along with a Rule 45 subpoena. On February 21, 2008, the ISP responded to Plaintiffs' subpoena, providing Plaintiffs with identifying information including Defendant's name, telephone number, and address. 4. After receiving the foregoing information from the ISP, Plaintiffs sent Defendant

written notification of their copyright infringement claim, and invited Defendant to contact Plaintiffs and attempt to resolve the dispute. If efforts to resolve the dispute fail, Plaintiffs plan to file a First Amended Complaint naming Defendant individually and then proceed to serve process on him. However, Plaintiffs wish to first give Defendant a reasonable period of time to contact Plaintiffs and resolve this matter before naming him in the lawsuit.

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5.

Given the foregoing circumstances, a case management conference is unnecessary at

this time. Plaintiffs therefore respectfully request that the Court continue the case management conference currently set for March 7, 2008 to June 6, 2008, or such other date as conveniences the Court. 6. Plaintiffs will provide the Defendant with a copy of this request and any Order

concerning this request when service of process occurs.

Dated: February 27, 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 March 7, 2008, at 8:30 a.m. be continued to June 6, 2008.

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February 29, 2008 Dated: ___________________

UNIT ED

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