Free Ex Parte Application - District Court of California - California

Case 5:07-cv-03093-HRL

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Filed 12/05/2007

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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, UMG RECORDINGS, INC.; VIRGIN RECORDS AMERICA, INC.; LAFACE RECORDS LLC; SONY BMG MUSIC ENTERTAINMENT; INTERSCOPE RECORDS; and CAPITOL RECORDS, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

UMG RECORDINGS, INC., a Delaware corporation; VIRGIN RECORDS AMERICA, INC., a California corporation; LAFACE RECORDS LLC, a Delaware limited liability company; SONY BMG MUSIC ENTERTAINMENT, a Delaware general partnership; INTERSCOPE RECORDS, a California general partnership; and CAPITOL RECORDS, INC., a Delaware corporation, Plaintiffs, v. JOHN DOE, Defendant.

CASE NO. C 07-03093 HRL Honorable Howard R. Lloyd EX PARTE APPLICATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER

Ex Parte Application to Continue CMC and Extend Time to Serve Defendant and [Proposed] Order Case No. C 07-03093 HRL
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Case 5:07-cv-03093-HRL

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Filed 12/05/2007

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Plaintiffs respectfully request that the Court continue the case management conference currently set for December 18, 2007, at 1:30 p.m. to March 18, 2008. Plaintiffs filed the Complaint against Defendant John Doe ("Defendant") on June 13, 2007. Also on June 13, 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 University of California, Berkeley ("UC Berkeley"), so that Plaintiffs could obtain information sufficient to identify Defendant. On June 20, 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 UC Berkeley. UC Berkeley responded to Plaintiffs' subpoena, providing Plaintiffs with identifying information including Defendant's name and contact information. In hopes of avoiding further litigation, Plaintiffs have since made numerous attempts to contact Defendant regarding settlement. Defendant has not responded to any of these attempts. Accordingly, Plaintiffs are in the process of preparing an amended complaint naming Defendant personally. Given these 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 December 18, 2007, at 1:30 p.m. to March 18, 2008. Dated: December 5, 2007 HOLME ROBERTS & OWEN LLP By: _________/s/ Matthew Franklin Jaksa____ Matthew Franklin Jaksa Attorney for Plaintiffs UMG RECORDINGS, INC.; VIRGIN RECORDS AMERICA, INC.; LAFACE RECORDS LLC; SONY BMG MUSIC ENTERTAINMENT; INTERSCOPE RECORDS; and CAPITOL RECORDS, INC.

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Ex Parte Application to Continue CMC Case No. C 07-03093 HRL
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Case 5:07-cv-03093-HRL

Document 10

Filed 12/05/2007

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Ex Parte Application to Continue CMC Case No. C 07-03093 HRL
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ORDER Good cause having been shown: IT IS ORDERED that the case management conference currently set for December 18, 2007, at 1:30 p.m. be continued to March 18, 2008.

Dated: ___________________

By: _____________________________ Honorable Howard R. Lloyd United States Magistrate Judge