Sony BMG Music Entertainment et al v. Ivy

Filing 16

ORDER GRANTING EX PARTE APPLICATION TO CONTINUE CASE MANAGEMENT CONFERENCE. The Case Management Conference is continued from October 17, 2008 to January 16, 2009. Signed by Judge Maxine M. Chesney on October 10, 2008. (mmclc1, COURT STAFF) (Filed on 10/10/2008)

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Dawniell Alise Zavala (CA State Bar No. 253130) HOLME ROBERTS & OWEN LLP 560 Mission Street, 25th Floor San Francisco, CA 94105-2994 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Plaintiffs, SONY BMG MUSIC ENTERTAINMENT; ARISTA RECORDS LLC; UMG RECORDINGS, INC.; BMG MUSIC; and WARNER BROS. RECORDS INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION MMC

SONY BMG MUSIC ENTERTAINMENT, a Delaware general partnership; ARISTA RECORDS LLC, a Delaware limited liability company; UMG RECORDINGS, INC., a Delaware corporation; BMG MUSIC, a New York general partnership; and WARNER BROS. RECORDS INC., a Delaware corporation, Plaintiffs, v.

CASE NO. C 08-03146-JCS

HONORABLE JOSEPH C. SPERO EX PARTE APPLICATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER

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EX PARTE APPLICATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER Case No. C 08-03146-JCS
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ARMIVIA O. LOUIE AKA ARMIVIA CAPOUNITAN, AKA IVY LOUIE, AKA OCAPUNITAN IVY AKA O.C. IVY, Defendant.

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Plaintiffs respectfully request that the Court continue the case management conference currently set for October 17, 2008, at 10:30 a.m., to December 19, 2008. As further explained below, Defendant Armivia O. Louie ("Defendant") has not appeared in this action. Therefore, a case management conference is unnecessary at this time. 1. Plaintiffs have not requested and the court has not ordered any previous continuances

of the case management conference in this matter. 2. Plaintiffs initially filed the Complaint in this matter against a John Doe defendant. In

order to discover the Doe defendant's true identity, Plaintiffs also filed an Ex Parte Application for Leave to Take Immediate Discovery seeking the Court's permission to serve a Rule 45 subpoena on Defendant's Internet Service Provider ("ISP"), in this case the SBC Internet Services, Inc. Once the court granted the discovery order, Plaintiffs then served a subpoena on the ISP, which thereafter identified the Defendant, Armivia O. Ivy. 3. Once the ISP identified Defendant, Plaintiffs sent her a letter on February 26, 2008

notifying her of Plaintiffs' claims and encouraging her to contact Plaintiffs and attempt to amicably resolve this matter. Defendant did not respond to this letter. Accordingly, on July 1, 2008, Plaintiffs filed the First Amended Complaint naming Ms. Louie individually as the Defendant. 4. Defendant was served with process on July 9, 2008, by substitute service. Defendant

has not answered or otherwise responded to the Complaint. Nevertheless, the parties have reached a settlement agreement, and Plaintiffs are presently waiting for Defendant to sign and return the settlement documents sent to her on September 23, 2008. If a settlement documents are returned by October 18, 2008, Plaintiffs will file appropriate dispositional documents with the Court. If Defendant does not return the documents, Plaintiffs will file a request for entry of clerk's default if Defendant does not respond to this action by October 27, 2008, or will continue litigating this matter if Defendant does file a response. 5. Given the circumstances of this case, there is no need for a case management

conference at this time. Therefore, Plaintiffs respectfully request that the Court continue the case

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management conference from October 17, 2008, at 10:30 a.m., to December 19, 2008, or such other date as conveniences the Court. Dated: October 6, 2008 HOLME ROBERTS & OWEN LLP

By: _________/s/ Dawniell Alise Zavala___ DAWNIELL ALISE ZAVALA Attorney for Plaintiffs

[PROPOSED] ORDER Good cause having been shown: IT IS ORDERED that the case management conference currently set for October 17, 2008, at 10:30 a.m., be continued to December 19, 2008. January 16, 2009, at 10:30 a.m.

October 10, 2008 Dated: ___________________

By: _____________________________ Honorable Maxine M. Chesney United States District Judge

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