Asis Internet Services v. Member Source Media LLC

Filing 56

ORDER re 55 Stipulation filed by Asis Internet Services. Signed by Judge Edward M. Chen on 9/15/08. (bpf, COURT STAFF) (Filed on 9/15/2008)

Case 3:08-cv-01321-EMC

Document 55

Filed 09/11/2008

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Jason K. Singleton, State Bar #166170 [e-mail] Richard E. Grabowski, State Bar #236207 [e-mail] SINGLETON LAW GROUP 611 "L" Street, Suite A Eureka, CA 95501 [phone] FAX [phone] Attorneys for Plaintiff, ASIS INTERNET SERVICES

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ASIS INTERNET SERVICES, a California corporation Plaintiff, vs. MEMBER SOURCE MEDIA, LLC, a California limited liability company, et al., Defendants. ) Case No. CV-08-1321 EMC ) ) STIPULATION AND ORDER ) ) ) ) ) ) ) ) )

Plaintiff, ASIS INTERNET SERVICES, and Defendant, MEMBER SOURCE MEDIA, hereby stipulate to the following: 1. Defendant Member Source Media, LLC ("Member Source") shall disclose to Plaintiff Member Source's information regarding the identities of the entity or entities believed to have initiated the subject emails. 2. Plaintiff is granted leave from the stay to amend the Complaint to name additional entities as defendants, serve such new defendants and allow them to appear for purposes of effecting an evidence preservation order. 3. After the new defendants have appeared, if there is discovery from third parties not yet named in the action that are not subject to the preservation order, and such discovery is necessary to the preservation of evidence, Plaintiff and Defendants shall meet and confer to address the evidentiary concerns. Plaintiff
STIPULATION AND ORDER 1 CV-08-1321 EMC

Case 3:08-cv-01321-EMC

Document 55

Filed 09/11/2008

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shall not serve any third-party subpoenas or other discovery without the consent of Defendants. If the parties cannot reach agreement regarding such evidentiary concerns, or regarding the contents of any third-party subpoenas or other discovery sought to be served by Plaintiff, either party may apply to the Court for a hearing regarding the same. SINGLETON LAW GROUP

September 11, 2008

/s/ Jason K. Singleton Jason K. Singleton, Richard E. Grabowski, Attorneys for Plaintiff, ASIS INTERNET SERVICES KRONENBERGER BURGOYNE, LLP

September 11, 2008

/s/ Henry M. Burgoyne, III Henry M. Burgoyne, III, Attorneys for Defendants, MEMBER SOURCE MEDIA, et al.

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STIPULATION AND ORDER

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S DISTRICT TE C TA

IT IS SO ORDERED:

Dated:

EDWARD M. CHEN ER UNITED STATES MAGISTRATE JUDGE C

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F D IS T IC T O R

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September 15, 2008 ___________________

dward Judge E

M. Che

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CV-08-1321 EMC

O OR IT IS S

DERED

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