Free Ex Parte Application - District Court of California - California

Case 4:07-cv-03090-WDB

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Filed 09/10/2007

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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, LOUD RECORDS LLC; UMG RECORDINGS, INC.; SONY BMG MUSIC ENTERTAINMENT; ELEKTRA ENTERTAINMENT GROUP INC.; and FONOVISA, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

LOUD RECORDS LLC, a Delaware corporation; UMG RECORDINGS, INC., a Delaware corporation; SONY BMG MUSIC ENTERTAINMENT, a Delaware general partnership; ELEKTRA ENTERTAINMENT GROUP INC., a Delaware corporation; and FONOVISA, INC., a California corporation,, Plaintiffs, v. JOHN DOE, Defendant.

CASE NO. C 07-03090 WDB Honorable Wayne D. Brazil EX PARTE APPLICATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND EXTEND TIME TO SERVE DEFENDANT AND [PROPOSED] ORDER

Ex Parte Application to Continue CMC and Extend Time to Serve Defendant Case No. C 07-03090 WDB
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Case 4:07-cv-03090-WDB

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Plaintiffs hereby request that the Court continue the case management conference currently set for September 17, 2007, at 4:00 p.m. to December 17, 2007. Plaintiffs further request, pursuant to the Federal Rules of Civil Procedure, Rules 4(m) and 6(b)(1), that Plaintiffs' time to serve the Summons and Complaint on Defendant John Doe ("Defendant") be extended from October 11, 2007 to January 9, 2008. Plaintiffs filed the Complaint against 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, Santa Cruz ("UC Santa Cruz"). On June 21, 2007, this Court issued its Order Re Leave to Take Immediate Discovery authorizing Plaintiffs to serve a Rule 45 subpoena on UC Santa Cruz so that Plaintiffs could obtain information sufficient to identify Defendant. UC Santa Cruz has responded to Plaintiffs' subpoena, and Plaintiffs have now determined the identity of Defendant. However, Plaintiffs are hopeful that this case will settle without the need to resort to further litigation. Accordingly, Plaintiffs are attempting to contact Defendant regarding settlement before amending the Complaint to name Defendant, and are sending Defendant a letter to that effect. Therefore, a case management conference is unnecessary at this time. Plaintiffs therefore request that the Court continue the case management conference currently set for September 17, 2007, at 4:00 p.m. to December 17, 2007. Given the foregoing circumstances, and because the original time period for Plaintiffs to serve the Summons and Complaint on Defendant will expire on October 11, 2007, Plaintiffs further request that Plaintiffs' time to serve the Summons and Complaint on Defendant be extended to January 9, 2008.

Dated: September 10, 2007

HOLME ROBERTS & OWEN LLP By: _________/s/ Matthew Franklin Jaksa____ Matthew Franklin Jaksa Attorney for Plaintiffs LOUD RECORDS LLC; UMG RECORDINGS, INC.; SONY BMG MUSIC ENTERTAINMENT; ELEKTRA ENTERTAINMENT GROUP INC.; and FONOVISA, INC.

Ex Parte Application to Continue CMC and Extend Time to Serve Defendant Case No. C 07-03090 WDB
#32241 v1

Case 4:07-cv-03090-WDB

Document 8

Filed 09/10/2007

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Ex Parte Application to Continue CMC and Extend Time to Serve Defendant Case No. C 07-03090 WDB
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ORDER Good cause having been shown: IT IS ORDERED that the case management conference currently set for September 17, 2007, at 4:00 p.m. be continued to December 17, 2007. IT IS FURTHER ORDERED that, pursuant to the Federal Rules of Civil Procedure, Rules 4(m) and 6(b), Plaintiffs' time to serve the summons and complaint on Defendant is hereby extended to January 9, 2008.

Dated: ___________________

By: _____________________________ Honorable Wayne D. Brazil United States Magistrate Judge