Malibu Media, LLC v. John Doe subscriber assigned IP address 69.181.25.79

Filing 32

ORDER DISMISSING CASE. Signed by Judge Alsup on 3/1/16. (whalc1, COURT STAFF) (Filed on 3/1/2016)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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MALIBU MEDIA, LLC,

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For the Northern District of California

United States District Court

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No. C 15-04159 WHA

Plaintiff,
v.
JOHN DOE SUBSCRIBER ASSIGNED IP
ADDRESS 69.181.25.79,

ORDER DISMISSING CASE

Defendant.
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Plaintiff Malibu Media, LLC, commenced this action on September 11, 2015. Pursuant

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to Rule 4(m), the deadline to effectuate service was January 11, 2016. On October 18, an order

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granted Malibu Media’s request to serve a third-party subpoena on defendant’s Internet

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provider for the purpose of acquiring defendant’s identifying information. Malibu Media

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received the identifying information on December 14, 2015.

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Malibu Media had twenty-eight days to effectuate service once it received defendant’s

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identifying information. On January 6, Malibu Media sought leave to file under seal its

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amended complaint, proposed summons and return of service, which motion was granted on

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January 7. The order granting Malibu Media’s sealing motion extended the deadline to

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effectuate service to January 15. The proposed summons issued on January 7.

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On January 15, Malibu Media sought to further extend the deadline to effectuate service.

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An order extended the deadline to January 29. Malibu Media sought another extension,

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averring that its process server had made numerous attempts to serve defendant at different

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times of the day, to no avail. An order further extended the deadline to February 16.

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Malibu Media has not served defendant and has made no request for an extension or

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otherwise shown that good cause exists to further extend the deadline. Accordingly, this case is

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hereby DISMISSED for failure to timely effectuate service. The Clerk shall please CLOSE THE

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FILE.

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IT IS SO ORDERED.

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For the Northern District of California

United States District Court

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Dated: March 1, 2016.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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