AF Holdings, LLC v. Doe

Filing 25

ORDER granting 24 MOTION to Continue CASE MANAGEMENT CONFERENCE filed by AF Holdings, LLC. Initial Case Management Conference reset for 2/22/2013 08:30 AM in Courtroom 6, 17th Floor, San Francisco. Signed by Judge Charles R. Breyer on 1/8/2013. (beS, COURT STAFF) (Filed on 1/9/2013)

Case 3-12-cv-02415-CRB

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Document 24

Filed in CAND on 01/04/2013

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Brett L. Gibbs, Esq. (SBN 251000)
Of Counsel to Prenda Law Inc.
38 Miller Avenue, #263
Mill Valley, CA 94941
415-325-5900
[e-mail]

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Attorney for Plaintiff
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IN THE UNITED STATES DISTRICT COURT FOR THE
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NORTHERN DISTRICT OF CALIFORNIA

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AF HOLDINGS LLC,
Plaintiff,
v.
JOHN DOE,
Defendant.

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No. 3:12-CV-02415-CRB
PLAINTIFF’S MOTION FOR
ADMINISTRATIVE RELIEF FOR
LEAVE TO CONTINUE INITIAL CASE
MANAGEMENT CONFERENCE

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PLAINTIFF’S MOTION FOR ADMINISTRATIVE RELIEF FOR LEAVE TO CONTINUE
INITIAL CASE MANAGEMENT CONFERENCE

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Plaintiff AF Holdings LLC, by and through its undersigned counsel, and pursuant to

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Northern District of California Local Rule (hereinafter “L.R.”) 7-11, hereby moves this Court for

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administrative relief for an order continuing the initial case management conference for good cause.

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Per the Order Granting Plaintiff’s Motion for Leave to Continue Initial Case Management

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Conference (hereinafter “December 3, 2012 Order”), the CMC is scheduled for January 11, 2013.

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(ECF No. 16.) John Doe is an individual associated with the Internet Protocol (“IP”) address

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67.160.221.52 (ECF No. 8 ¶ 4). As explained in Plaintiff’s most recent Case Management

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Conference Statement, Plaintiff has moved the court for leave to file its Second Amended Complaint

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to name the Defendant in this case, and the hearing on that Motion is scheduled for January 18,

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2013. As such, Plaintiff contends that continuing the Case Management Conference until after the

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Court has ruled on Plaintiff’s Motion for Leave to File Second Amended Complaint, and has had

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Case 3-12-cv-02415-CRB

Document 24

Filed in CAND on 01/04/2013

Page 2 of 3

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time to effectuate service upon Defendant to allow him to participate in the case, would be the ideal

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and most efficient course of action for all involved.

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At this juncture, Plaintiff believes that, in light of the above, a case management conference

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is unnecessary as there is nothing substantive to report at this time outside of the matters discussed

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herein. Before Plaintiff names and serves the Defendant to this case, such a hearing would be a

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waste of the Court’s time and resources.

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For these reasons, Plaintiff respectfully requests that this Court continue the CMC to Friday,
February 22, 2013, at 8:30 a.m., or to a later date that is in accordance with this Court’s schedule.

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Respectfully Submitted,
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PRENDA LAW INC.,

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DATED: January 4, 2013
By:

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____/s/ Brett L. Gibbs, Esq._______

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Brett L. Gibbs, Esq. (SBN 251000)
Of Counsel for Prenda Law Inc.
38 Miller Avenue, #263
Mill Valley, CA 94941
[e-mail]
Attorney for Plaintiff

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S

. Breyer

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harles R
Judge C

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O OR
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Signed: January 8, 2013

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PLAINTIFF’S MOTION FOR ADMINISTRATIVE RELIEF TO CONTINUE INITIAL CMC

No. 3:12-2415-CRB