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

Filing 179

ORDER APPOINTING SCOTT RABER AS RECEIVER IN SUBSTITUTION OF ANNE BRADLEY. Signed by Judge Maxine M. Chesney on June 26, 2012. (mmclc1, COURT STAFF) (Filed on 6/26/2012)

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1 2 3 4 5 6 7 8 9 10 GILL SPERLEIN (172887) THE LAW OFFICE OF GILL SPERLEIN 584 Castro Street, Suite 879 San Francisco, California 94114 Telephone: (415) 404-6615 Facsimile: (415) 404-6616 gill@sperleinlaw.com MARC JOHN RANDAZA (269535) General Counsel 10620 Southern Highlands Parkway #110-454 Las Vegas, NV 89141 Telephone: (619) 866-5975 Facsimile: (619) 866-5976 marc@corbinfisher.com 11 12 Attorneys for Plaintiffs 13 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ) IO GROUP, INC., a California ) corporation, CHANNEL ONE ) RELEASING, Inc., a California ) corporation and LIBERTY MEDIA ) HOLDINGS, LLC., a California ) corporation, ) ) ) Plaintiffs, ) ) vs. ) 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. ) CASE NO.: C-10-1282 (MMC)(DMR) [PROPOSED] ORDER APPOINTING SCOTT RABER AS RECEIVER IN SUBSTITUTION FOR ANNE BRADLEY Defendants. -1- [Proposed] Order to Substitute Receiver C-10-1282 (MMC)(DMR) 1 2 By Administrative Motion under Local Rule 7-11, Plaintiffs have moved the Court for an Order Appointing Scott Raber as Receiver in Substitution of Anne Bradley. Having 3 4 5 6 read and considered Plaintiffs’ moving papers and finding good cause the Court rules as follows: The request to appoint a receiver is GRANTED. Scott Raber, whose business 7 8 9 10 address is, Rimon, P.C., 220 Sansome Street, Suite 310, San Francisco, CA 94104 is APPOINTED as the Receiver. Lara Pearson is hereby authorized to assist Scott Raber in caring out his duties as receiver. The Receiver shall perform the following: 11 12 13 14 a. The Receiver shall promptly file his oath of Receiver with the Court, whereby he shall undertake fully and faithfully to perform his duties as Receiver; b. The Receiver is authorized to collect and take immediate possession and control 15 16 17 18 of the following domain name registrations: Held by the previous receiver, Anne Bradley: 1. Gayforit.com 19 20 2. Jerkyourtube.com 21 3. Itsallgay.com 22 Registered through Key Systems, GmbH 23 1. Gayforit.eu 24 25 2. Jerkyourtube.eu 26 3. Itsallgay.eu 27 and shall deliver a copy of this Order to Key-Systems GmbH and shall take all 28 necessary steps to assist Key-Systems GmbH in the transfer of the domain name registrations into an account controlled by the Receiver. Such registrations must include -2- [Proposed] Order to Substitute Receiver C-10-1282 (MMC)(DMR) 1 2 the title to the domain name registrations and not simply control of the WHOIS information; 3 4 5 6 c. The Receiver shall act in accordance with and shall have all of the usual, necessary, and incidental powers of a receiver to maintain and preserve Defendants’ domain name portfolio; 7 8 9 10 d. Except as otherwise provided in this Order, the Receiver shall hold the domains in their current configuration unless the Court issues a further order to the Receiver; e. Discharge of the Receivership shall require a Court Order after a properly 11 12 13 14 noticed motion approving the Receiver’s Final Report and Accounting is filed with the Court and served on the Parties; f. The Receiver is directed to obtain a bond in the amount of $1,000.00 securing 15 16 17 18 performance by the Receiver of the duties and obligations of his office of receivership or arrange to have the previous bond transferred. The bond shall provide coverage to Plaintiffs and Defendants for loss due to acts of any agent, servant, or employee of the 19 20 Receiver. However, the Receiver shall not be personally liable for losses, provided that 21 the Receiver has acted in good faith to perform his duties and has not committed gross 22 negligence or other gross misconduct. The bond shall be submitted to the Clerk of the 23 Court within 10 days of the date of this Order. Given the limited nature of this injunction, 24 25 26 27 no further bond is required. IT IS FURTHER ORDERED, that the previous receiver, Anne Bradley, shall turn over to Scott Raber all accounts, user names, and passwords used to control the domain 28 names for which she has obtained control. Ms. Bradley shall also turn over to Mr. Raber all correspondence relating to her receivership duties, as well as, a summary of the steps -3- [Proposed] Order to Substitute Receiver C-10-1282 (MMC)(DMR) 1 2 she has previously taken to secure the Gayforit.eu, Jerkyourtube.eu, and Itsallgay.eu domain name registrations. If necessary Ms. Bradley will also assist in transferring the 3 4 5 6 bond to Mr. Raber. Upon completion of these steps, Ms. Bradley will be relieved of her duties of receiver. IT IS FURTHER ORDERED that Plaintiffs shall advance to the Receiver fees 7 8 9 10 11 12 13 14 and costs associated with administration of the receivership estate, such fees and costs to be recoverable pursuant to 17 U.S.C. § 505 and/or Civil Local Rule 54-3(f) if Plaintiffs subsequently establish their entitlement thereto. IT IS FURTHER ORDERED that all persons receiving notice of this Order, including without limitation all domain name registrars and all domain name registry operators, shall comply promptly with the Receiver's directives as provided for in this 15 16 17 18 19 20 Order, including without limitation any directives by the Receiver to transfer any and all domain names between registrants, or between registrars, or the reassignment of the registrant or registrar of any domain names. In the event that Defendants do not cooperate the Court's August 30, 2011 Order with the portions of this Order compelling them to transfer the six domain names to the 21 Receiver, Verisign (operator of the .com registry) and EurID (operator of the .eu registry) 22 shall transfer the three domain names in each of their registries to the Receiver, with or 23 without the consent or cooperation of Defendants. 24 25 This ORDER shall take effect immediately upon entry. 26 IT IS SO ORDERED. 27 28 Dated: ____________ June 26, 2012 ___________________________ MAXINE M. CHESNEY United States District Judge -4- [Proposed] Order to Substitute Receiver C-10-1282 (MMC)(DMR)

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