Camelot Distribution Group, Inc. v. Does

Filing 6

EX PARTE APPLICATION to Shorten Time for Hearing to 3/16/11 of Motion to Expedite Discovery filed by Plaintiff Camelot Distribution Group, Inc.. (Attachments: # 1 Proposed Order)(Plamondon, Scott)

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Camelot Distribution Group, Inc. v. Does Doc. 6 1 2 3 4 5 6 7 8 9 10 weintraub genshlea chediak 11 12 13 14 LAW CORPORATION Scott Hervey, State Bar No. 180188 Scott M. Plamondon, State Bar No. 212294 weintraub genshlea chediak a law corporation 400 Capitol Mall, 11th Floor Sacramento, CA 95814 (916) 558-6000 Main (916) 446-1611 Facsimile Attorneys for Plaintiff Camelot Distribution Group, Inc. IN THE UNITED STATES DISTRICT COURT IN AND FOR THE CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION CAMELOT DISTRIBUTION GROUP, INC., Plaintiff, vs. DOES 1 through 5865, inclusive, Defendant. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ) ) ) ) ) ) ) ) ) ) ) Case No.: CV11-01949 DDP (FMOx) PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME FOR A HEARING ON MOTION TO EXPEDITE DISCOVERY NOTICE OF EX PARTE APPLICATION FOR ORDER SHORTENING TIME FOR HEARING AND MOTION TO EXPEDITE DISCOVERY TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: Please take notice that Plaintiff Camelot Distribution Group, Inc. ("Plaintiff" or "Camelot") hereby applies ex parte, pursuant to Federal Rule of Civil Procedure 6 and L.R.6-1, for an order shortening time to have Plaintiff's Motion to Expedite Discovery heard in the present action. The application is being made on the grounds that good cause exists to hear Plaintiff's motion to expedite discovery on shortened time because Plaintiff will be unable to proceed with 1 Plaintiff's Ex Parte Application for OST to Hear Motion for Expedited Discovery {1293581.DOC;} Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 weintraub genshlea chediak 11 12 13 14 LAW CORPORATION this action unless and until it is permitted to conduct limited discovery in order to learn the true names and identities of the 5,865 DOE Defendants. (1) Camelot is aware only of DOE Defendants' individual Internet Protocol ("IP") addresses which can be connected to unique users by name; (2) information connected to these IP addresses cannot be released by DOE Defendants' Internet Service providers without subpoenas; (3) Defendant; ( 4) discovery of the identities of the DOE defendants is necessary to conduct a discovery is necessary to ascertain the names of each individual DOE discovery conference pursuant to Fed. Rule Civ. Proc. 26(f). Therefore, because the identities of the DOE Defendants are not known, plaintiff seeks limited discovery to serve subpoenas on DOE Defendants' Internet Service Providers to discover DOE Defendants' identities. DOE Defendants will not be prejudiced by an order shortening time for hearing on Plaintiff's motion for expedited discovery as the motion seeks only to learn DOE Defendants' identities and does not seek to affect Defendants' rights. Accordingly, good cause exists for this Court to grant Camelot's motion for an order shortening time to have its motion for expedited discovery heard. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: March 10, 2011 a law corporation weintraub genshlea chediak By: s/ Scott M. Plamondon Scott Hervey, State Bar No. 180188 Scott M. Plamondon, State Bar No. 212294 Attorneys for Plaintiff {1293581.DOC;} 2 Plaintiff's Ex Parte Application for OST to Hear Motion for Expedited Discovery

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