Free Ex Parte Application - District Court of California - California

Case 5:07-cv-04791-JF

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Filed 02/22/2008

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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; UMG RECORDINGS, INC.; ELEKTRA ENTERTAINMENT GROUP INC.; WARNER BROS. RECORDS INC.; PRIORITY RECORDS LLC; and MOTOWN RECORD COMPANY, L.P. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

INTERSCOPE RECORDS, a California general partnership; SONY BMG MUSIC ENTERTAINMENT, a Delaware general partnership; UMG RECORDINGS, INC., a Delaware corporation; ELEKTRA ENTERTAINMENT GROUP INC., a Delaware corporation; WARNER BROS. RECORDS INC., a Delaware corporation; PRIORITY RECORDS LLC, a California limited liability company; and MOTOWN RECORD COMPANY, L.P., a California limited partnership, Plaintiffs, v. JOE PETELLE, Defendant.

CASE NO. 5:07-CV-04791-JF Honorable Jeremy Fogel EX PARTE APPLICATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER

Ex Parte Application to Continue Case Management Conference and [Proposed] Order Case No. 5:07-CV-04791-JF
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Case 5:07-cv-04791-JF

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Plaintiffs hereby request that the Court continue the case management conference currently set for March 14, 2008 at 10:30 a.m. to June 13, 2008. The Court previously continued the case management conference from January 11, 2008 to the presently scheduled date. Plaintiffs filed their complaint in this matter on September 18, 2007. Defendant was served with the summons and complaint on October 22, 2007, by substitute service. Defendant failed to answer or otherwise respond to the complaint. The clerk of this Court entered default against Defendant on December 18, 2007. Accordingly, along with this application, Plaintiffs have filed their motion for default judgment by the Court. Therefore, no case management conference is necessary on the scheduled date. Plaintiffs therefore respectfully request that the Court continue the case management conference to June 13, 2008.

Dated: February 22, 2008

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 scheduled for March 14, 2008 at 10:30 a.m. be continued to June 13, 2008.

Dated: __________________

By: _______________________________ Honorable Jeremy Fogel United States District Judge

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Case 5:07-cv-04791-JF

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PROOF OF SERVICE STATE OF CALIFORNIA, CITY AND COUNTY OF SAN FRANCISCO I am employed in the office of Holme Roberts & Owen in San Francisco, California. I am over the age of eighteen years and not a party to the within action. My business address is 560 Mission Street, 25th Floor, San Francisco, CA 94105. On February 22, 2008, I served the foregoing documents described as: EX PARTE APPLICATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER on the interested party in this action by placing a true and correct copy thereof enclosed in a sealed envelope addressed as follows: Joe Petelle 131 Senter Road San Jose, CA 95111 BY MAIL: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. postal service on that same day with postage thereon fully prepaid at San Francisco, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. (FEDERAL) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. Executed on February 22, 2008 at San Francisco, California.

1 Ex Parte Application to Continue Case Management Conference and [Proposed] Order Case No. 5:07-CV-04791-JF
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