Guo v. 8bo.com et al

Filing 21

ORDER FOR FURTHER BRIEFING; CONTINUING HEARING. Signed by Judge Nathanael M. Cousins on April 18, 2014. (nclc1S, COURT STAFF) (Filed on 4/18/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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DANNI GUO and JIAWEI LU,
Plaintiffs,

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Case No. 13-cv-05299 NC
ORDER FOR FURTHER BRIEFING;
CONTINUING HEARING

v.
8BO.COM, and others,

Re: Dkt. No. 16
Defendants.

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Plaintiffs in this cybersquatting action move to serve defendant domains by email.

20 Dkt. No. 16. In support of their motion, plaintiffs point to the methods of service permitted
21 by the Anti-cybersquatting Consumer Protection Act when bringing an in rem action. 15
22 U.S.C § 1125(d)(2)(A)(ii)(II)(aa). But plaintiffs fail to discuss whether their proposed
23 method of service is permissible under Federal Rule of Civil Procedure 4.
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Therefore, the Court orders plaintiffs to submit further briefing, not to exceed five

25 pages, that addresses whether service of defendant domains is permissible under Rule 4.
26 Plaintiffs must specifically address whether defendants are domestic or foreign, and if
27 foreign, whether email service is permissible under Rule 4(f). Plaintiffs must submit their
28 brief within seven days of this order. The case management conference and hearing on the
Case No. 13-cv-05299 NC
ORDER FOR FURTHER BRIEFING;
CONTINUING HEARING

1 motion for service by email are continued until April 30, 2014 at 1:00 p.m. in Courtroom A.
2 The Court does not require an additional case management statement.
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IT IS SO ORDERED.

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Date: April 18, 2014

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_________________________
Nathanael M. Cousins
United States Magistrate Judge

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Case No. 13-cv-05299 NC
ORDER FOR FURTHER BRIEFING;
CONTINUING HEARING

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