Free Letter - District Court of Delaware - Delaware

. . Case 1:05-cv-00350-KAJ Document 12 Filed 07/22/2005 Page 1 of 4
..-/. h DEPARTMENT OF THE NAVY
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Ser NNPTC LEGAL/177
21 Jul 05
From: Commanding O§ §cer, Naval Nuclear Power Training Command
To: United States District Court for the District of Delaware
Dear Sir or Madam:
T am writing on behalf of one of my Sailors identified as a
defendant in an action now pending before the United States
District Court for the District of Delaware, Docket Number: 05-
350. This Sailor is currently serving in the active military
service at Naval Nuclear Power Training Command, Charleston,
South Carolina.
The Sailor will be unable to attend any hearings, present any
type of defense, or effectively protect his interests in the
matter in question until October 31, 2005 because of his -
military duties. Until this date, the Sailor is needed by this
command because of the advanced training he is receiving and the
scheduling required for him to receive this training. I am
· advised by legal counsel that federal law provides for a stay of
appear and defend themselves is materially affected by their
, military service (50 U.S.C. App. § 522). In this instance, this
. Saia%,'s duties preclude his participation in court proceedings
unt£L at the earliest October 31, 2005. T cannot authorize
leave for the Sailor until that date, because the fulfillment of
, this unit’s mission requires his presence until that date, due
; to his duties.
i
H Therefore, I request that you grant a stay in proceedings until
. October 31, 2005 to allow this Sailor to properly attend to his
l military duties. ,
J D. A. WILLIAMS
Q By direction
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‘ IN TI-IE UNITED STATES DISTRICT COURT I
FOR THE DISTRICT OF DELAWARE JUN 9 7 @(55 _
n . .1. . By”"—'_";"`?`—¥-?-—»=-
w e ·_ BROS. HIITBRTAIRIMBNT crvn. ACTION No. os-sso
1 IN ‘· - S.-· · corporation:
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•= · ¢- TION, abelaware 00l¥01'ld0I`|-I
‘ • rr ·¤= PICTURES INDUS ,
INC., n Delaware oo ovation; SONY
J PICTURES HOME §l*•l'I’E.RTA1I~InI;EI~TI _
· , INC., n Dolnwero corporation; LIONS Q
1 GATE FILMS, Ibis., at Delaware ¤
Y corp 'P OUNTPICIURES
F CO · =-‘ .¤— 1 ‘ = = n Delaware corporation;
md •~· j ~ =· RISES,lNC,.a
Deln ·` =· rporation, g
E Pionnano,
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` n. I ` Defendants.
l _· 1 ER G ' In ING P LI 1} ‘ ‘· 0 O . • R — ; u T KE DI ; 1 _
I l` The Court has read all papers Iilod in connection with PIain1if¤`s‘ Motion for
{ I I = 1· _ to Take Discovery Prior to Rule 26(0 Conference (“tl1c Motion"), and considered the
Q 2 I I! thcrcln, Including relevant privacy Issues.
Y · l q I IT IS HEREBY ORDERED that the Motion is granted.
T _ an ITIS FURTHRR ORDERED that Plaintiffs may servo immediole disoovery on
l in l ` l · ‘ } C¤l=l¤ Communications Management, LLC (“Comcast") or my other entity idomilioo
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I — I ` Gut as providing network neocon or online servioee to one or more ofthe Doo
_ Qi " _ IS. by serving o Rule 45 subpoena that seeks infomation sufficient to identify each Doe
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z- Defendant, Including bln or ber name, address, telephone number, email address, and Media
kg .t Access Control address.
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‘ IT IS FURTHER ORDERED THAT Comcast shall have seven (7) calendar dayu
it mer the scrvioc ofthe subpoena to notify its subscribers that their identity la sought by Plaintiftli
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; and that each subscriber whose idcntityis sought shall have twmty one (21) oaleudarkdaya from
gr [ the date ofsuch notice hom Comcast to tile any papen: with the Court contesting the subpoena.
i. i; IT IS_F'UR'l'HBR ORDERED THAT my infomation disclosed to Plaintiffs in
ni l response to the Rule 45 subpoenas maybe used by Plaintiffs solely for the purpose ofprotcoting
,r . P1elmi£t‘s’ rights under tho Copyright Act
ig ” IT IS FURTHER ORDERED TI-IAT any subpoena Issued pursuant to this Order
shell be doomed an appropriate court order under 47 U.S.C. § $51. -
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2 1, Vicki S. Henderson, the undersigned, declare that: By- I it-V;-_;;_*-zilw --
3 I am employed in the County of Los Angeles, State of California, ov of 18, and
4 not a party to this cause. My business address is 10100 Santa Monica Boulevard, Suite 2200, Los "
S Angeles, California 900674164.
6 On June 6, 2005, I served a true copy of the ORDER GRANTING PLAINTIFFS'
7 MOTION FOR LEAVE TO TAKE DISCOVERY PRIOR TO RULE 26(`F) CONFERENCE
. gd., 8 on the parti in this cause ss follows:
" { 9 [X] (VIA U.S. MAIL) by placing the above named document in a sealed envelope addressed as
10 set forth below, or on the attached service list. I caused each such envelope, with postage thereon
1 1 fully prepaid, to be deposited for collection and mailing with the United States Postal Service in
12 accordance with Loeb & Loeb LLP's ordinary business practices.
13 [X] (VIA FACSIMILE) I caused the transmission ofthe above named document to the fax
14 number set forth below, or on the attached service list (whereby confirmation ls attached).
15 Rosemarie Pierce
Comcast Cable Communications Management, LLC
tsl, 16 1500 Market Street H
.1 it Philadelphia, PA 19102 3
ii Facsimile Nc.: (215) 981-8508 '
I nm readily familiar with Loeb & Loeb LLP's practice for collecting and processing
L_ 19 correspondence for mailing with the United States Postal Service and Overnight Delivery Service.
That practice includes the deposit of all correspondence with the United States Postal Service I ' M
22 and/or Overnight Delivery Service the same day it is collected and processed.
. I certify that I am employed in the office of s member of the bar of this Court at whose
23 direction the serviceiwas made.
24 l declare under penalty ofpcrjury that the foregoing is true and correct.
uted bn June 6, 2005, at Los Angeles, California.
S 27 dense ,
28 Vic S. Henderson I
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