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

Filing 162

ORDER DENYING REQUEST TO CONTINUE TRIAL by Judge Alsup denying 150 Motion to Continue; finding as moot 151 Ex Parte Application. (whalc1, COURT STAFF) (Filed on 2/22/2017)

1
2
3
4
5

IN THE UNITED STATES DISTRICT COURT

6
FOR THE NORTHERN DISTRICT OF CALIFORNIA
7
8
9

MALIBU MEDIA, LLC,
Plaintiff,

11
For the Northern District of California

United States District Court

10

12

No. C 15-04441 WHA
v.
JOHN DOE Subscriber Assigned IP
Address 76.126.99.126,

13

Defendant.
/

14
15

ORDER DENYING REQUEST
TO CONTINUE TRIAL

And All Related Cross-Actions.
/

16
Malibu Media seeks to continue the trial due to the unavailability of its expert. Malibu

17
18

Media’s motion is supported by the declaration of Attorney Anthony Lupu, who avers that

19

Expert Michael Patzer will be unavailable to testify because he will be moving from Spain to

20

Thailand “in March 2017, during the time of the trial.” There is no sworn record by Patzer

21

himself, and Attorney Lupu’s declaration offers no further detail about the timing of Expert

22

Patzer’s move.
Moreover, even accepting Attorney Lupu’s statements about Expert Patzer’s move as

23
24

true, Expert Patzer could still find the time to travel to the United States to testify amid his

25

international move. Malibu Media has known of this trial date since March 2016. Its failure to

26

have its expert block out the scheduled trial dates in advance is not a reason to continue the

27

trial.

28

IT IS SO ORDERED.
Dated: February 22, 2017.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE