Assef et al v. Does 1-10

Filing 17

ORDER GRANTING AS MODIFIED: 16 Ex Parte Application (1) for Leave to Take Additional Discovery; (2) an Extension of Time to Amend and Serve the Complaint; and (3) a Continuance of the Status Conference filed by Nicholas Assef, Lincoln C rowne & Company Pty Ltd. Amended Pleadings due by 12/21/2015. Case Management Statement due by 1/7/2016. Case Management Conference set for 1/14/2016 10:00 AM. Signed by Judge Maria-Elena James on 10/27/2015. (cdnS, COURT STAFF) (Filed on 10/27/2015)

1
2
3
4
5
6

MARC E. MAYER (SBN 190969), [e-mail]
EMILY F. EVITT (SBN 261491), [e-mail]
MITCHELL SILBERBERG & KNUPP LLP
11377 West Olympic Boulevard
Los Angeles, CA 90064-1683
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs Nicholas Assef and
Lincoln Crowne & Company Pty Ltd

7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

SAN FRANCISCO DIVISION

11
12
13

NICHOLAS ASSEF, an individual; and
LINCOLN CROWNE & COMPANY PTY
LTD, an Australian corporation,

14
15
16
17
18
19
20
21

Plaintiffs,
v.
DOES 1-10,
Defendants.

CASE NO. 3:15-CV-01960 MEJ
The Honorable Maria-Elena James
[PROPOSED] ORDER ON EX PARTE
APPLICATION FOR:
(1) LEAVE TO TAKE ADDITIONAL
LIMITED IMMEDIATE DISCOVERY;
(2) AN EXTENSION OF TIME TO
AMEND AND SERVE THE
COMPLAINT; AND
(3) A CONTINUANCE OF THE STATUS
CONFERENCE
[NOTICE AND EX PARTE APPLICATION,
MEMORANDUM OF POINTS AND
AUTHORITIES AND EMILY F. EVITT
DECLARATION FILED CONCURRENTLY
HEREWITH]

22
23
24
25
26
27
Mitchell
Silberberg &
Knupp LLP
7190715.1

28
CASE NO. 3:15-CV-01960 MEJ
[PROPOSED] ORDER ON EX PARTE APPLICATION

ORDER

1
2

The Court GRANTS Plaintiffs’ Ex Parte Application as modified and orders as follows:

3

1.

4

Plaintiffs may serve an additional subpoena pursuant to Federal Rule of Civil

Procedure 45 on Google Inc. to obtain:
• Documents sufficient to identify the names, addresses, telephone numbers, and e-

5
6

mail addresses of the individuals and/or entities who created and own the Gmail

7

Address used to register the blog located at www.lincolncrowne.blogspot.com; and
• Documents sufficient to identify the IP addresses used to create and access the

8

Gmail Address;

9
10

(collectively, the “Identifying Information”). Plaintiffs must serve on Google a copy of this Order

11

attached to the subpoena.
2.

12

Google shall have 21 days from service of the subpoena to serve Defendants with a

13

copy of the subpoena and this Order. Google may serve Defendants using any reasonable means,

14

including written notice sent to the last known address, transmitted either by first-class mail or via

15

overnight service.

16

3.

Google and Defendants shall each have 21 days from the date of service upon him,

17

her, or it to file any motions in this Court contesting the subpoena (including a motion to quash or

18

modify the subpoena). If neither Google nor Defendants moves or objects within these time

19

periods, Google shall have 7 days to serve the Identifying Information on Plaintiffs.
4.

20
21

shall preserve the Identifying Information pending resolution of such motions.
5.

22
23

///

25

///

26

///

27

7190715.1

Any information disclosed to Plaintiffs in response to the subpoena may be used

solely for the purpose of protecting their rights as set forth in the Complaint.

24

Mitchell
Silberberg &
Knupp LLP

If any motions are brought to quash or otherwise object to the subpoena, Google

///

28
1

CASE NO. 3:15-CV-01960 MEJ

[PROPOSED] ORDER ON EX PARTE APPLICATION

6.

1
2

2015, to December 21, 2015.
7.

3
4

8.

9

The Initial Case Management Conference, currently scheduled for November 19,

2015 at 10:00 a.m., shall be continued to January 14, 2016 at 10:00 a.m.
9.

7
8

Plaintiffs’ deadline to serve the Complaint shall be extended from November 2,

2015, to December 21, 2015.

5
6

Plaintiffs’ deadline to amend the Complaint shall be extended from November 2,

Plaintiffs shall file a supplemental Case Management Statement by January 7,

2016.
IT IS SO ORDERED.

10
11

October 27
DATED: _________________, 2015

______________________________
Honorable Maria Elena James
United States Magistrate Judge

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Mitchell
Silberberg &
Knupp LLP
7190715.1

28
2

CASE NO. 3:15-CV-01960 MEJ

[PROPOSED] ORDER ON EX PARTE APPLICATION