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

Case 4:07-cv-04876-SBA Case 4:07-cv-04876-SBA

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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, CAPITOL RECORDS, INC.; SONY BMG MUSIC ENTERTAINMENT; UMG RECORDINGS, INC.; and INTERSCOPE RECORDS

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION CAPITOL RECORDS, INC., a Delaware corporation; SONY BMG MUSIC ENTERTAINMENT, a Delaware general partnership; UMG RECORDINGS, INC., a Delaware corporation; and INTERSCOPE RECORDS, a California general partnership, Plaintiffs, v. CASE NO. 4:07-CV-04876-SBA Honorable Saundra B. Armstrong 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. 4:07-cv-04876-SBA
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Case 4:07-cv-04876-SBA Case 4:07-cv-04876-SBA

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Plaintiffs respectfully request that the Court continue the case management conference currently set for January 10, 2008, at 3:00 p.m. to April 10, 2008. As further explained below, there is not yet a named defendant in this case, and Plaintiffs do not yet know the true identity of Defendant John Doe ("Defendant"). Plaintiffs filed the Complaint against 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 to Defendant by Defendant's Internet Service Provider ­ here, University of San Francisco ("USF"). Accordingly, 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 USF so that Plaintiffs could discover information sufficient to identify Defendant. On October 9, 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 USF. On November 30, 2007, USF responded to several subpoenas served by Plaintiffs in conjunction with this case and other similar cases. Since that time, USF has informed Plaintiffs that information supplied to Plaintiffs pursuant to the subpoena in this particular case was incorrect. Plaintiffs remain in communication with USF, and are attempting to determine whether USF possesses further information that would allow Plaintiffs to correctly identify Defendant. If Plaintiffs determine that USF does not have such information, Plaintiffs will promptly file a notice of dismissal without prejudice pursuant to Federal Rule of Civil Procedure 41. If Plaintiffs are able to identify Defendant, Plaintiffs will attempt to contact Defendant and attempt to resolve this dispute. /// /// /// /// /// /// ///
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However, because there is not yet a named defendant in this case and Plaintiffs do not yet know Defendant's true identity, 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 10, 2008, at 3:00 p.m. to April 10, 2008. Dated: December 21, 2007 HOLME ROBERTS & OWEN LLP

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

ORDER Good cause having been shown: IT IS ORDERED that the case management conference currently set for January 10, 2008, at 3:00 p.m. be continued to April 10, 2008. @ 2:30 p.m., via telephone.

1/8/08 Dated: ___________________

By: _____________________________ Honorable Saundra B. Armstrong United States District Judge

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