Braun v. Primary Distributor Doe Number 1 et al

Filing 13

ORDER - Case Management Statement due by 5/16/2013. Case Management Conference set for 5/23/2013 10:00 AM.. Signed by Judge Maria-Elena James on 2/22/2013. (cdnS, COURT STAFF) (Filed on 2/22/2013)

aria-E
Judge M

TED

THE LAW OFFICE OF D. GILL SPERLEIN
345GROVE STREET
TEL: [phone] SAN FRANCISCO, CA 94102 FAX: [phone]

11

13

AXEL BRAUN,
Plaintiff,
vs.

14
15
16
17
18

F
D IS T IC T O
R

C

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

10

12

FO

LI
A

H

N

8
9

es

lena Jam

ER

R NIA

S

Axel Braun

UNIT
ED

7

4

GRAN

RT
U
O

Attorney for Plaintiff,

3

RT

6

2

S DISTRICT
TE
C
TA

NO

5

D. GILL SPERLEIN (SBN 172887)
THE LAW OFFICE OF D. GILL SPERLEIN
345 Grove Street
San Francisco, California 94102
Telephone: [phone]
Facsimile: [phone]
[e-mail]

1

PRIMARY DISTRIBUTOR DOE
NUMBER 1 and DEFENDANT
DOES 2 through 38,
Defendants.

19

)
)
)
)
)
)
)
)
)
)
)
)
)

Case No.: 12-5786 MEJ
And related cases: 12-5812 MEJ
12-5813 MEJ
12-5814 MEJ
STATUS REPORT

20
21
22
23
24
25

Plaintiff provides this Status Report at the direction of the Court.
Plaintiff requested leave to take early discovery in order to identify the Internet
subscribers whose accounts the Doe Defendants in these matters used to access the
Internet and engage in the alleged infringing activity. Dkt. No. 6. The Court granted
Plaintiff’s request (Dkt. No.10) , and Plaintiff subpoenaed a number of Internet Service
providers (ISPs).

26
27
28

-1STATUS REPORT
C-12-5786 MEJ AND RELATED CASES

1

Because there was no indication that any Defendants had been served, the Court

2

vacated the Case Management Conference scheduled for February 14, 2013 and

3

directed Plaintiff to file a status report by February 21, 2013. Dkt. No. 11.
REPORT

4
5
6
7
THE LAW OFFICE OF D. GILL SPERLEIN
345GROVE STREET
TEL: [phone] SAN FRANCISCO, CA 94102 FAX: [phone]

8
9
10
11

Plaintiff served third party subpoenas on the following ISPs on or around
January 8, 2013:
Astound Broadband
Charter Communications
Covad Communications
Curtel
DataFrame Logistics
Digital Path

12

DSL Extreme

13

Ericson Network Systems

14

Extel Wireless

15

Frontier Communications

16

ICO Networks / Got Net

17

Internet Express

18

Level 3 Communications

19

Mpower

20

Nobis

21

OC3 Networks / Web Solutions

22

Reliable Hosting

23

SBC Internet Services

24

South Valley Internet

25
26
27
28

Sprint PCS
SureWest Broadband
Unwired
-2STATUS REPORT
C-12-5786 MEJ AND RELATED CASES

1

Verizon Internet Services

2

Wave Broadband

3

Wayport

4

WebNX

5

XO Communications and

6

Ygnition Networks

7
THE LAW OFFICE OF D. GILL SPERLEIN
345GROVE STREET
TEL: [phone] SAN FRANCISCO, CA 94102 FAX: [phone]

8
9
10
11

In order to give the ISPs the opportunity to comply with the Court’s directions in
the Order allowing allowing ISPs 20 days to notify subscribers, 30 days for the
subscribers to file objections, and 14 days for the ISPs to produce responsive
information, Plaintiff set March 18, 2012 as the date for production. Plaintiff’s counsel
notes that in his experience, ISPs often take even longer to respond.
Once Plaintiff receives the information, Counsel will send a letter in an attempt

12

to further investigate or settle claims.

13

additional letters, generally about two weeks apart. At that time, Plaintiff will seek to

14

amend the Complaint to name individual defendants. Although this is a long process,

15

it gives potential defendants the maximum opportunity to resolve claims whether by

16

settlement or through additional investigation that in some cases leads to voluntary

17

dismissals.

18
19
20

Generally, counsel follows up with two

Plaintiff therefore respectfully requests that the next case management
conference be set for sometime after May 15, 2013.
Respectfully Submitted,

21
22
23
24
25
26

Dated: 2/20/2013

/s/ D. Gill Sperlein
Counsel for plaintiff

IT IS HEREBY ORDERED that a joint or individual case management statement shall be filed by
May 16, 2013. The Court shall conduct a case management conference on May 23, 2013 at 10:00
a.m. in Courtroom B. Sanctions may be imposed for failure to comply.
Dated: February 22, 2013

27
28

-3STATUS REPORT
C-12-5786 MEJ AND RELATED CASES