Malibu Media, LLC v. John Doe subscriber assigned IP address 76.126.99.126

Filing 114

STIPULATION TO EXTEND DISCOVERY AS TO EMPLOYMENT RECORDS by Hon. William Alsup granting 113 Motion for Extension of Time to Complete Discovery.(whalc1, COURT STAFF) (Filed on 12/8/2016)

1 Henrik Mosesi, Esq. (SBN: 189672)
Anthony Lupu, Esq. (SBN 226168)
2 Pillar Law Group APLC
150 S. Rodeo Drive, Suite 260
3 Beverly Hills, CA 90212
Tel.: [phone]
4 Fax: [phone]
[e-mail]
5 [e-mail]
Attorneys for Plaintiff
6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

OAKLAND

11 MALIBU MEDIA, LLC,
12

Plaintiff,

13 vs.

Case Number: 3:15-cv-4441-WHA
Order re
STIPULATION TO EXTEND
DISCOVERY AS TO EMPLOYMENT
RECORDS

14 JOHN DOE subscriber assigned IP address
76.126.99.126,
15
Defendant.
16
17

This Stipulation is made on this 7th day of December 2016, by and between Plaintiff, Malibu

18 Media, LLC (“Plaintiff”), and Defendant, John Doe Subscriber assigned IP address 76.126.99.126
19 (“Defendant”). NOW, THEREFORE, the parties hereby stipulate to an extension of the discovery
20 deadline as to employment records by thirty (30) days for the reasons stated herein:
21

1.

Plaintiff filed this case against John Doe subscriber assigned IP address

22 76.126.99.126 for the infringement of Plaintiff’s copyrighted works through BitTorrent.
23

2.

Defendant claims that he was at his place of employment during certain dates and

24 times of infringement and produce purported timesheets and a calendar from his employer.
25 Defendant did not produce any affidavit or a declaration from the custodian of records
26 authenticating the documents.
27
28

Order re

-1Stipulation to Extend Discovery as to Employment Records
Case Number: 3:15-cv-4441-WHA

1

Defendant served “Supplemental Initial Disclosures” on November 28, 2016, in

3.

2 which Defendant identified his supervisor at his place of employment as an individual likely to have
3 discoverable information.
4

Plaintiff, seeking to verify the accuracy of Defendant’s timesheets and calendar

4.

5 advised Defendant of its intent to subpoena Defendant’s employer. Defendant objected and set
6 forth privacy concerns stemming from the disclosure of Defendant’s identity to his employer.
7

5.

Defendant and Plaintiff stipulate to an extension of the discovery deadline in order to

8 permit the Parties to further confer, including discussing the matter with deputy counsel for the city
9 in which Defendant resides, and, if necessary, conduct additional limited discovery on the issue.
10

6.

Accordingly, the Parties hereby stipulate that the discovery cutoff deadline may be

11 extended by thirty (30) days as to the issue of employment time sheets, timecards or any other
12 document evidencing the dates and times Defendant was at work during the periods of
13 infringement.
14

Dated: December 8, 2016

15 Respectfully submitted,
16
17
18
19
20
21

/s/ Anthony Lupu
Anthony Lupu, Esq.
Pillar Law Group APLC
150 S. Rodeo Drive, Suite 260
Beverly Hills, CA 90212
Tel.: [phone]
Fax: [phone]
[e-mail]
Attorneys for Plaintiff

/s/ Joseph Curtis Edmondson____
Joseph Curtis Edmondson
Law Offices of J. Curtis Edmondson
3699 NW John Olsen Pl
Hillsboro, OR 97124
[phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Defendant

22
8
6
SO ORDERED this ___ day of ________________, 201__.
December
23 The parties may not rely
By: ____________________________________
24 on this extension as a
basis for requesting further UNITED STATES DISTRICT JUDGE
25
extensions or continuances.
26
27
28

Order re

-2Stipulation to Extend Discovery as to Employment Records
Case Number: 3:15-cv-4441-WHA