Free Order - District Court of California - California

Case 3:07-cv-04855-SI Case 3:07-cv-04855-SI

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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; and UMG RECORDINGS, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION SONY BMG MUSIC ENTERTAINMENT, a Delaware general partnership; and UMG RECORDINGS, INC., a Delaware corporation, Plaintiffs, v. CASE NO. 3:07-CV-04855-SI Honorable Susan Illston EX PARTE APPLICATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER

JOHN DOE #9, Defendant.

Ex Parte Application to Continue CMC and [Proposed] Order Case No. 3:07-cv-04855-SI
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Case 3:07-cv-04855-SI Case 3:07-cv-04855-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, of its own accord, previously rescheduled the case management conference to its current date from the originally scheduled date of January 4, 2008. There is not yet a named defendant in this case. Plaintiffs filed the Complaint against Defendant John Doe #9 ("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 San Francisco State University ("SFSU"), 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 SFSU. On November 16, 2007, SFSU responded to Plaintiffs' subpoena, providing Plaintiffs with identifying information including Defendant's name, telephone number, and address. After learning Defendant's identity, Plaintiffs sent a letter to Defendant on December 4, 2007 in hopes of resolving this dispute without further litigation. Since that time, Plaintiffs have spoken with Defendant by telephone and presented a settlement offer. If the parties reach a settlement, Plaintiffs will promptly file dispositional documents with the Court. If the parties are unable to resolve the 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 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. 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-04855-SI
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Case 3:07-cv-04855-SI Case 3:07-cv-04855-SI

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1 Ex Parte Application to Continue CMC and [Proposed] Order Case No. 3:07-cv-04855-SI
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ORDER Good cause having been shown: 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. 18

Dated: ___________________

By: _____________________________ Honorable Susan Illston United States District Judge