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

Filing 138

ORDER RE JOINT STIPULATION TO EXTEND CERTAIN DATES AND DEADLINES AND TO MODIFY THE ANONYMITY ORDER by Hon. William Alsup granting 135 Motion extend.(whalc1, COURT STAFF) (Filed on 1/10/2017)

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
Joseph Curtis Edmondson
7 Law Offices of J. Curtis Edmondson
3699 NW John Olsen Pl
8 Hillsboro, OR 97124
9 [phone]
Fax: [phone]
10 Email: [e-mail]
Attorneys for Defendant
11
UNITED STATES DISTRICT COURT
12
NORTHERN DISTRICT OF CALIFORNIA
13
SAN FRANCISCO
14
15
MALIBU MEDIA, LLC,
16
Plaintiff,
17
vs.
18
JOHN DOE subscriber assigned IP address
19 76.126.99.126,
20

Defendant.

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Case Number: 3:15-cv-4441-WHA
Order re:
JOINT STIPULATION TO EXTEND
CERTAIN DATES AND DEADLINES
REFLECTED IN THE CASE
MANAGEMENT ORDER, AND TO
MODIFY OR VACATE, IN PART, THE
ANONYMITY ORDER TO SECURE
DEFENDANT’S EMPLOYMENT
RECORDS AND TO EXTEND TIME TO
TAKE THE DEPOSITION OF EMILIE
KENNEDY

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27

Stipulation to Extend Certain Dates and Deadlines Reflected in the Case Management Order, and to Modify, or Vacate,
in part, the Anonymity Order to Secure Defendant’s Employment Records
Case Number: 3:15-cv-4441-WHA

28

Order re:

1

This Stipulation is made on this 6th day of January, 2017, by and between Plaintiff, Malibu

2 Media, LLC (“Plaintiff”), and Defendant, John Doe Subscriber assigned IP address 76.126.99.126
3 (“Defendant”).
4

STIPULATION TO EXTEND CERTAIN DATES AND DEADLINES REFLECTED IN THE

5

CASE MANAGEMENT ORDER

6

NOW, THEREFORE, the parties hereby stipulate to extend certain dates reflected in the

7 Case Management Order [Document No. 35] as follows:
8

1.

The Parties’ Expert Reply Reports are due January 6, 2017. The Parties stipulate to

9 extend the deadline for two (2) weeks – to January 20, 2017.
10

2.

Expert discovery cut-off deadline is currently January 20, 2017.

The Parties

11 stipulate to extend the deadline for ten (10) days - to January 30, 2017.
12

3.

Dispositive motions are required to be filed by January 26, 2017 and heard 35 days

13 after that deadline, which is March 2, 2017. The Parties stipulate to extend the dispositive motion
14 deadline for one (1) week - to February 2, 2017, with the dispositive motions then being heard 35
15 days thereafter, by March 9, 2017.
16
17

STIPULATION TO MODIFY OR VACATE, IN PART, THE ANONYMITY ORDER TO

18

SECURE DEFENDANT’S EMPLOYMENT RECORDS

19

4.

WHEREAS, the Court entered an Order Granting Plaintiff’s Ex Parte Motion for

20 Leave to Serve Third-Party Subpoena Prior to Rule 26(f) Conference, dated November 8, 2015
21 [Document No. 12];
22

5.

WHEREAS, the Order dated November 8, 2015 contains, inter alia, a provision

23 which states that: “Malibu Media shall not disclose defendant’s name, address, telephone number,
24 email, social media username, or any other identifying information, other than defendant’s IP
25 address, that it may subsequently learn.

All documents including defendant’s identifying

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27

Stipulation to Extend Certain Dates and Deadlines Reflected in the Case Management Order, and to Modify, or Vacate,
in part, the Anonymity Order to Secure Defendant’s Employment Records
Case Number: 3:15-cv-4441-WHA

28

Order re:

1 information, apart from his or her IP address, shall be filed under seal, with all such information
2 redacted on the public docket, unless and until the Court orders otherwise and only after defendant
3 has had an opportunity to challenge the disclosure of any identifying information. Malibu Media
4 explicitly consented to the inclusion of such a protection in its motion.”
5

6.

WHEREAS, Defendant has indicated that he was at his place of employment during

6 certain dates and times of the alleged infringement;
7

7.

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

8 calendar advised Defendant of its intent to subpoena Defendant’s employer. Defendant objected
9 and set forth privacy concerns stemming from the disclosure of Defendant’s identity to his
10 employer;
11

8.

WHEREAS, the matter came before the Court at a conference on December 21,

12 2016, and the Court required that Defendant’s employment records be produced for certain dates,
13 including February 19, 2015; May 26, 2015; May 27, 2015; August 18, 2015; August 19, 2015;
14 August 20, 2015; August 21, 2015; September 13, 2015; and November 14, 2015, all as reflected in
15 the transcript of the proceedings.
16

9.

WHEREAS, the Parties conferred by telephone, including with the City Attorney’s

17 office, who advised that there was no method to comply with a subpoena for records without all
18 relevant identifying information being reflected in the subpoena, including but not limited to, the
19 Defendant’s name, Plaintiff’s name, the name of the Court, and case number.
20

10.

NOW, THEREFORE, the parties hereby stipulate to modify, or vacate, in part the

21 anonymity order dated November 8, 2015 (or any other anonymity order entered in this case) in
22 order to effectuate service of the subpoena to procure Defendant’s employment records. Nothing
23 herein shall be construed the vary the requirement that any documents filed with the Court shall be
24 filed under seal, as reflected in the order.
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27

Stipulation to Extend Certain Dates and Deadlines Reflected in the Case Management Order, and to Modify, or Vacate,
in part, the Anonymity Order to Secure Defendant’s Employment Records
Case Number: 3:15-cv-4441-WHA

Order re:
28

1
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STIPULATION TO EXTEND THE TIME TO TAKE THE DEPOSITION OF EMILIE
KENNEDY

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5
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9

11.

WHEREAS, the Court entered an Order Granting Defendant’s request to depose

Emilie Kennedy during the first week of January.
12.

WHEREAS, Ms. Kennedy has retained her own lawyer who is unavailable during

the first week of January.
13.

WHEREAS, Ms. Kennedy will be deposed on Friday, January 13, 2017 in Los

Angeles.

10 Dated: January 6, 2016
11

Respectfully submitted,

12

/s/ Anthony Lupu
13 Anthony Lupu, Esq.
Pillar Law Group APLC
14 150 S. Rodeo Drive, Suite 260
Beverly Hills, CA 90212
15
Tel.: [phone]
16 Fax: [phone]
[e-mail]
17 Attorneys for Plaintiff

/s/ J. 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

18
10
January
7
19 SO ORDERED this ___ day of ________________, 201__.
By: ____________________________________
UNITED STATES DISTRICT JUDGE

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Order re:
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Stipulation to Extend Certain Dates and Deadlines Reflected in the Case Management Order, and to Modify, or Vacate,
in part, the Anonymity Order to Secure Defendant’s Employment Records
Case Number: 3:15-cv-4441-WHA