Elektra Entertainment Group Inc. et al v. John Doe

Filing 11

ORDER re 10 Ex Parte Application to Continue Case Management Conference. Signed by Judge Laporte on 2/1/08. (edllc1, COURT STAFF) (Filed on 2/1/2008)

Elektra Entertainment Group Inc. et al v. John Doe

Doc. 11

Case 3:07-cv-04101-EDL

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Filed 01/31/2008

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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: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Plaintiffs, ELEKTRA ENTERTAINMENT GROUP INC.; ZOMBA RECORDING LLC; BMG MUSIC; SONY BMG MUSIC ENTERTAINMENT; CAPITOL RECORDS, INC.; and UMG RECORDINGS, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ELEKTRA ENTERTAINMENT GROUP INC., a Delaware corporation; ZOMBA RECORDING LLC, a Delaware limited liability company; BMG MUSIC, a New York general partnership; SONY BMG MUSIC ENTERTAINMENT, a Delaware general partnership; CAPITOL RECORDS, INC., a Delaware corporation; and UMG RECORDINGS, INC., a Delaware corporation, Plaintiffs, v. JOHN DOE, Defendant. CASE NO. C 07-04101 EDL Honorable Elizabeth D. Laporte EX PARTE APPLICATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER

EX PARTE APPLICATION AND [PROPOSED] ORDER Case No. C 07-04101 EDL
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Dockets.Justia.com

Case 3:07-cv-04101-EDL

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Plaintiffs respectfully request that the Court continue the case management conference currently set for February 12, 2008, at 10:00 a.m. to May 13, 2008. In support of their request, Plaintiffs state as follows: 1. Plaintiffs believe they have identified the Doe defendant in this case.

However, a provisional settlement of this matter has been reached, and Plaintiffs have therefore not amended the complaint to name Defendant individually or served her with the Summons and Complaint. 2. Plaintiffs filed their Complaint for Copyright Infringement against Defendant

John Doe ("Defendant") on August 9, 2007. 3. The initial case management conference is currently set for February 12,

2008, at 10:00 a.m. The case management conference was continued once previously by the Court's Order of November 7, 2007. 4. In order to determine Defendant's true name and identity, Plaintiffs filed their

Ex Parte Application for Leave to Take Immediate Discovery on August 9, 2007, requesting that the Court enter an Order allowing Plaintiffs to serve a Rule 45 subpoena on Defendant's Internet Service Provider ("ISP"). 5. The Court entered an Order for Leave to take Immediate Discovery on

October 29, 2007, which was promptly served upon the ISP along with a Rule 45 subpoena. On December 5, 2007, the ISP responded to Plaintiffs' subpoena, providing Plaintiffs with identifying information including Defendant's name, telephone number, and address. 6. After receipt of this information from the ISP, Plaintiffs sent a letter to

Defendant notifying her of their claims and encouraging her to contact Plaintiffs and attempt to amicably resolve this matter. In response to that notification, settlement discussions took place and Plaintiffs believe that a settlement has been reached. Settlement documents were sent to Defendant's counsel on January 16, 2008. The documents have not yet been returned signed by Defendant.

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7.

If Defendant returns the signed settlement documents by March 1, 2008 or

shortly thereafter, Plaintiffs will file appropriate dispositional documents. If she does not, Plaintiffs plan to file a First Amended Complaint naming her individually as the defendant in this case, and then proceed to serve process upon her. 8. Given the circumstances of this case, a case management conference is not

necessary at this time, and Plaintiffs respectfully request that the case management conference be continued to May 13, 2008. 9. Plaintiffs will provide Defendant with a copy of this request and any Order

concerning this request when service of process occurs.

Dated: January 31, 2008

HOLME ROBERTS & OWEN LLP By: /s/ Matthew Franklin Jaksa______ MATTHEW FRANKLIN JAKSA Attorney for Plaintiffs

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1 2 3 4 5 6 7 8 9 10 February 1, 2008 Dated: ___________________ Good cause having been shown:

ORDER

IT IS ORDERED that the case management conference currently set for February 12, 2008, at 10:00 a.m. be continued to May 13, 2008. IT IS FURTHER ORDERED that the parties shall notify the Court by March 14, 2008 as to whether this case has settled.

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DERE By: _____________________________ SO OR S IT IHonorable Elizabeth D. Laporte United States Magistrate Judge rte D. Lapo izabeth l Judge E
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