Kos Media LLC et al v. Research 2000 et al

Filing 39

ORDER EXTENDING DEADLINE FOR FILING DEFAULT JUDGMENT MOTION re 38 Status Report filed by Markos Moulitsas Zuniga, Kos Media LLC Motions due by 2/22/2012.. Signed by Judge Maria-Elena James on 1/26/2012. (cdnS, COURT STAFF) (Filed on 1/26/2012)

5

8

12

S

TED

GRAN

s
na Jame

ria-Ele
dge Ma

Ju

ER

H

11

RT

10

Adam C. Bonin (Pro hac vice)
[e-mail]
THE LAW OFFICE OF ADAM C. BONIN
1900 Market Street, 4th Floor
Philadelphia, PA 19103
Telephone: [phone]
http://www.boninlaw.com

NO

9

UNIT
ED

7

Attorneys for Plaintiffs
Kos Media and Markos Moulitsas Zúniga

RT
U
O

6

S DISTRICT
TE
C
TA

R NIA

4

FO

3

LI

2

Nathan Dooley (SBN 224331)
[e-mail]
COZEN O'CONNOR
601 South Figueroa Street
Suite 3700
Los Angeles, California 90017
Telephone: [phone]
Toll Free Phone: [phone]
Facsimile: 213.892.7999

A

1

N

F
D IS T IC T O
R

C

13
14

UNITED STATES DISTRICT COURT

15

NORTHERN DISTRICT OF CALIFORNIA

16

SAN FRANCISCO DIVISION

17

KOS MEDIA, LLC and
MARKOS MOULITSAS ZÚNIGA,

18

PLAINTIFFS,

19
20

VS.

21
22
23

RESEARCH 2000 AND DELAIR D. ALI,
DEFENDANTS.

24
25
26

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
_

Case No.: 3:10-CV-02894 MEJ________________________
[Assigned for all purposes to Hon.
Maria-Elena James, Courtroom B]
STATUS REPORT AND
REQUEST FOR CONTINUANCE
OF RESPONSE DATE FOR
FILING MOTION FOR
DEFAULT JUDGMENT

Complaint filed: June 30, 2010.

27
28
1
STATUS REPORT

Plaintiffs Kos Media, LLC and MARKOS MOULITSAS ZÚNIGA (Plaintiffs),

1
2

respectfully submit this Status Report and request an additional 28 days to file their

3

Motion for Default Judgment.
BACKGROUND

4
5

1)

The Parties

6

Plaintiff Kos Media LLC (“Kos Media”) is based in Berkeley California. It

7

owns and operates the DailyKos (http://www.dailykos.com), the largest progressive

8

community blog in the United States. Markos Moulitsas Zúniga is the founder,

9

publisher, and sole owner of Kos Media. Defendant Research 2000 is a polling firm

10

based in Olney, Maryland. Delair D. Ali (“Ali”) is the owner and CEO of Research

11

2000.

12

2)

The Complaint

13

As part of its role as a news organization, Kos Media commissioned a number

14

of polls from Research 2000, beginning in September 2007. Kos Media and Research

15

2000, through Moulitsas and Ali, entered into a series of agreements through which

16

Kos Media would pay Research 2000 for political polling performed based on certain

17

professional standards, including requirements for the number of individuals surveyed

18

for each poll. Defendants breached their agreement with Kos Media by failing to

19

perform the polls which they were contracted to provide, instead falsifying the data

20

provided to the Kos Media.
The Complaint sets forth the following causes of action: 1) Breach of Contract;

21
22

2) Unfair Business Practices under Cal. Bus. & Prof. Code §§ 17200 et seq.; 3) Breach

23

of Implied Warranty; 4) Intentional Misrepresentation; 5) Negligent

24

Misrepresentation; 6) Constructive Fraud; and 7) Conversion.

25

//

26

//

27

//

28

//
2
STATUS REPORT

1

3)

Procedural History

2

The Court entered default as to Defendant Research 2000 on May 19, 2011

3

pursuant to Civil Local Rule 3-9(b). [Doc. No. 25.] On December 02, 2011, the

4

Court vacated its Case Management Conference and ordered Plaintiffs to file a Motion

5

for default Judgment within 30 days after default was entered as to Defendant Delair

6

D. Ali. [Doc. No. 36.] The clerk entered default as to Delair D. Ali on December 06,

7

2011.
STATUS

8
9

On or about December 29, 2011, lead counsel for Plaintiffs Adam C. Bonin left

10

the law firm of Cozen O’Connor to enter into his own practice, the Law Office of

11

Adam C. Bonin. Local counsel for Plaintiffs remains Nathan Dooley of the law firm

12

Cozen O’Connor. Due to the time taken to set up the Law Office of Adam C. Bonin,

13

and the intervening holidays, Plaintiffs have not had the opportunity to file a Motion

14

for Default Judgment. Accordingly, Plaintiffs hereby request an additional 28 days to

15

file a Motion for Default Judgment.
REQUEST

16
17
18
19

Plaintiffs hereby request that they be given an until February 22, 2012 to file
their Motion for Default Judgment.
Date: January 25, 2012

20
21

COZEN O'CONNOR

22
23
24
25
26
27

By: ______-/S/-_____________
NATHAN DOOLEY
ATTORNEYS FOR PLAINTIFFS
COZEN O'CONNOR
601 South Figueroa Street
Suite 3700
Los Angeles, California 90017
Telephone: [phone]
Toll Free Phone: [phone]
Facsimile: 213.892.7999

28
3
STATUS REPORT