Free Ex Parte Application - District Court of California - California

Case 3:07-cv-04877-SI

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Filed 12/20/2007

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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; UMG RECORDINGS, INC.; ZOMBA RECORDING LLC; ATLANTIC RECORDING CORPORATION; ARISTA RECORDS LLC; and ELEKTRA ENTERTAINMENT GROUP INC. 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; UMG RECORDINGS, INC., a Delaware corporation; ZOMBA RECORDING LLC, a Delaware limited liability company; ATLANTIC RECORDING CORPORATION, a Delaware corporation; ARISTA RECORDS LLC, a Delaware limited liability company; and ELEKTRA ENTERTAINMENT GROUP INC., a Delaware corporation, Plaintiffs, v. CASE NO. 3:07-CV-04877-SI Honorable Susan Illston EX PARTE APPLICATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER

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Ex Parte Application to Continue CMC and [Proposed] Order Case No. 3:07-cv-04877-SI
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JOHN DOE, Defendant.

Case 3:07-cv-04877-SI

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Plaintiffs respectfully request that the Court continue the case management conference currently set for January 15, 2008, at 2:00 p.m. to April 15, 2008. The Court previously, on its own accord, rescheduled the case management conference from January 4, 2008, at 2:00 p.m. to the currently scheduled date. 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 California State University ­ Monterey Bay ("Cal State Monterey Bay"), so that Plaintiffs could obtain information sufficient to identify Defendant. On October 10, 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 Cal State Monterey Bay. On November 30, 2007, Cal State Monterey Bay responded to Plaintiffs' subpoena, providing Plaintiffs with identifying information including Defendant's name, telephone number, and address. Now that Plaintiffs know Defendant's identity, and in hopes of avoiding further litigation, Plaintiffs have sent a letter to Defendant asking him to contact Plaintiffs regarding possible settlement of this matter. If the parties do not reach a settlement, Plaintiffs will 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 15, 2008, at 2:00 p.m. to April 15, 2008. Dated: December 20, 2007 HOLME ROBERTS & OWEN LLP

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

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Case 3:07-cv-04877-SI

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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 Dated: ___________________ Good cause having been shown:

ORDER

IT IS ORDERED that the case management conference currently set for January 15, 2008, at 2:00 p.m. be continued to April 15, 2008.

By: _____________________________ Honorable Susan Illston United States District Judge

1 Ex Parte Application to Continue CMC and [Proposed] Order Case No. 3:07-cv-04877-SI
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