IO Group, Inc. et al v. GLBT, Ltd. et al

Filing 128

ORDER. The current trial dates are taken off calendar, plaintiffs have until November 28, 2011 to file their motion for summary judgment, and the Case Management Conference is continued from October 21, 2011 to February 10, 2012. Signed by Judge Maxine M. Chesney on October 20, 2011. (mmclc1, COURT STAFF) (Filed on 10/20/2011)

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GILL SPERLEIN (172887)
THE LAW OFFICE OF GILL SPERLEIN
584 Castro Street, Suite 879
San Francisco, California 94114
Telephone: [phone]
Facsimile: [phone]
[e-mail]
MARC JOHN RANDAZA (269535)
General Counsel
10620 Southern Highlands Parkway #110-454
Las Vegas, NV 89141
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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IO GROUP, INC., a California corporation,
CHANNEL ONE RELEASING, Inc., a
California corporation and LIBERTY
MEDIA HOLDINGS, LLC., a California
corporation,

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Plaintiffs,
vs.

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GLBT, Ltd., a British limited company,
MASH and NEW, Ltd., a British limited
company, PORT 80, Ltd., a company of
unknown origin or structure, STEVEN
JOHN COMPTON, an individual living in
the United Kingdom, and DAVID
GRAHAM COMPTON, an individual living
in the United Kingdom.
Defendants.

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CASE NO.: C-10-1282 (MMC)(DMR)

MANAGEMENT CONFERENCE
STATEMENT AND REQUEST FOR
LEAVE TO FILE MOTION FOR
SUMMARY JUDGMENT AND TO
CONTINUE TRIAL DATES; AND
[PROPOSED] ORDER
Date: October 21, 2011
Time: 10:30 a.m.
Courtroom: Telephonic

Trial Date: November 28, 2011

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Administrative Motion for Leave to File
Motion for Summary Judgment
C-10-1282 (MMC)(DMR)

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On September 20, 2011, Defendants counsel filed a notice that Defendants instructed

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In response to a request

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to meet and confer, Defense counsel Jonathan Capp stated that he intended to file a motion to

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withdraw, but no such motion has been forthcoming. See Exhibit A. Defendants have not

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filed any documents since September 20th. During that time they have failed to oppose

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domain name registrations, and failed to comply with the Magistrate
additional discovery. Defendants have apparently thrown in the towel.

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Accordingly, and for the reasons stated below, Plaintiffs request that the Court continue
the trial dates and grant Plaintiffs leave to file their Motion for Summary Judgment.
PROCEDURAL AND FACTUAL BACKGROUND

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Order to produce

Plaintiffs filed a Complaint for copyright infringement and other claims.

During the

discovery process, Plaintiffs learned that Defendants were both withholding and destroying

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evidence. Accordingly, Plaintiffs filed a Motion for Terminating Sanctions. [Docket No. 63]

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today

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issued a written order imposing adverse inference sanctions in lieu of entering default. Judge

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Ryu also ruled on several outstanding discovery orders. [Order Granting in Part and Denying

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13:2]
In the meantime, Defendants moved all their websites from .com domains, which are
controlled from within the United States, to .eu domains, which are controlled from within

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Europe. Plaintiffs filed a motion for injunctive relief, which the Court granted in part.
[Docket No. 103] The Court ordered Defendants to transfer the domain name registrations to
a receiver. [Id.] Defendants ignored the order and Plaintiffs sought an order of contempt
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Administrative Motion for Leave to File
Motion for Summary Judgment
C-10-1282 (MMC)(DMR)

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(Docket No. 108), which Defendants did not oppose. On October 12, 2011, this Court issued
an order of contempt, directing Defendants to transfer the domains as previously ordered or

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suffer a $1,000 a day sanction until they do. [Docket 123] As of today, Defendants continue

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On September 20, 2011, Defendants counsel filed a notice that Defendants instructed

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Docket No. 113] Since that filing,

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Defendants have filed no further documents with the Court. In response to further inquiry,
not to participate in any

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Trial is currently set for November 28, 2011. Fact discovery closed on June 30th and
August 15th was the last day to file dispositive motions. However, significant discovery
questions remained open until Magistrate Ryu issued her order today. Indeed, it would have
been premature and prejudicial for Plaintiffs to bring a motion for summary judgment prior to

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order imposing negative inference

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sanctions. Defendants and their counsel are no longer making themselves available for the

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purposes of meeting and conferring.

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However,

Injunctive Relief, Mr. Capp joined with Plaintiffs in requesting that all case management dates

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be continued. At that time,
Motion for Terminating Sanctions.
///
///

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Administrative Motion for Leave to File
Motion for Summary Judgment
C-10-1282 (MMC)(DMR)

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As significant discovery questions have only now been resolved and given that
Defendants no

Plaintiffs respectfully

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request that the trial dates be continued, and that the Court grant Plaintiffs leave to file their
Motion for Summary Judgment provided they file no later than November 28, 2011.

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Respectfully submitted,

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Dated: October 19, 2011

/s/ D. Gill Sperlein
D. GILL SPERLEIN
THE LAW OFFICE OF D. GILL SPERLEIN
Attorneys for Plaintiffs

Dated: October 19, 2011

/s/ Marc Randazza
Marc Randazza
General Counsel
Liberty Media Holdings, LLC
Attorneys for Plaintiffs

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[PROPOSED] ORDER

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for Leave to File a Motion for Summary

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Judgment and Continue Trial Dates and finding good cause therefore, IT IS HERBY
ORDERED that the current trial dates are taken off calendar and Plaintiffs have until
November 28, 2011 to file their Motion for Summary Judgment.
IT IS FURTHER ORDERED that the Case Management Conference is continued
from October 21, 2011 to February 10, 2012. A Joint Case Management Statement shall be
filed no later than February 3, 2012.
Dated: October 20, 2011
MAXINE CHESNEY
UNITED STATES DISTICT JUDGE

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Administrative Motion for Leave to File
Motion for Summary Judgment
C-10-1282 (MMC)(DMR)