Case 3:07-cv-04860-MHP
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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, UMG RECORDINGS, INC.; VIRGIN RECORDS AMERICA, INC.; INTERSCOPE RECORDS; BMG MUSIC; ARISTA RECORDS LLC; and WARNER BROS. RECORDS INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
UMG RECORDINGS, INC., a Delaware corporation; VIRGIN RECORDS AMERICA, INC., a California corporation; INTERSCOPE RECORDS, a California general partnership; BMG MUSIC, a New York general partnership; ARISTA RECORDS LLC, a Delaware limited liability company; and WARNER BROS. RECORDS INC., a Delaware corporation, Plaintiffs,
CASE NO. 3:07-CV-04860-MHP Honorable Marilyn H. Patel THIRD EX PARTE APPLICATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER
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EX PARTE APPLICATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER Case No. 3:07-cv-04860-MHP
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v. JOHN DOE, Defendant.
Case 3:07-cv-04860-MHP
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Plaintiffs respectfully request that the Court continue the case management conference currently set for July 10, 2008 at 4:00 p.m. to October 9, 2008. As set forth in greater detail below, Plaintiffs have not yet discovered the true identity of the Doe defendant in this case, and will be unable to do so unless the Court grants Plaintiffs' Ex Parte Application for Leave to Take Immediate Discovery, filed on September 20, 2007 and entered as Docket No. 4. 1. The Court issued a January 10, 2008 Order granting Plaintiffs' previous request
(made on the same grounds stated herein) for a 90-day continuance of the case management conference and 120-day extension of time for service of process.1 In addition, on March 27, 2008, this Court granted Plaintiffs' second request to continue the case management conference set for April 10, 2008. 2. Plaintiffs filed the 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 here, University of San Francisco ("USF"). 3. In order to determine Defendant's true identity, Plaintiffs filed their Ex Parte
Application for Leave to Take Immediate Discovery on September 20, 2007, seeking the Court's permission to serve a Rule 45 subpoena on USF. The Court has not yet ruled on Plaintiffs' Ex Parte Application for Leave to Take Immediate Discovery. 4. If the Court grants Plaintiffs' Ex Parte Application for Leave to Take Immediate
Discovery, Plaintiffs will attempt to determine Defendant's identity by serving a Rule 45 subpoena on USF. If Defendant is identified, Plaintiffs will give Defendant written notice of their claim and attempt to contact Defendant and resolve the dispute. If the dispute cannot be resolved, Plaintiffs plan to file a First Amended Complaint naming Defendant individually and then proceed to serve process upon him or her.
Prior to that Order, the Court, sua sponte, rescheduled the initial case management conference from December 24, 2007 to January 10, 2008.
EX PARTE APPLICATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER Case No. 3:07-cv-04860-MHP
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Case 3:07-cv-04860-MHP
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However, unless the Court grants Plaintiffs' Ex Parte Application for Leave to Take
Immediate Discovery, Plaintiffs cannot identify the Doe defendant, initiate settlement talks, or name Defendant individually and begin service attempts. 6. Given the foregoing circumstances, and because there is no known defendant with
whom to confer, a case management conference is unnecessary at this time. Plaintiffs therefore respectfully request that the Court continue the case management conference currently set for July 10, 2008 at 4:00 p.m. to October 9, 2008.
Dated: July 3, 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 10, 2008 at 4:00 p.m. be continued to October 9, 2008.
Dated: ___________________
By: _____________________________ Honorable Marilyn H. Patel United States District Judge
EX PARTE APPLICATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER Case No. 3:07-cv-04860-MHP
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