Malibu Media, LLC v. John Doe subscriber assigned IP address 18.104.22.168
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
MALIBU MEDIA, LLC,
For the Northern District of California
United States District Court
No. C 15-04441 WHA
JOHN DOE Subscriber Assigned IP
ORDER DENYING REQUEST
TO CONTINUE TRIAL
And All Related Cross-Actions.
Malibu Media seeks to continue the trial due to the unavailability of its expert. Malibu
Media’s motion is supported by the declaration of Attorney Anthony Lupu, who avers that
Expert Michael Patzer will be unavailable to testify because he will be moving from Spain to
Thailand “in March 2017, during the time of the trial.” There is no sworn record by Patzer
himself, and Attorney Lupu’s declaration offers no further detail about the timing of Expert
Moreover, even accepting Attorney Lupu’s statements about Expert Patzer’s move as
true, Expert Patzer could still find the time to travel to the United States to testify amid his
international move. Malibu Media has known of this trial date since March 2016. Its failure to
have its expert block out the scheduled trial dates in advance is not a reason to continue the
IT IS SO ORDERED.
Dated: February 22, 2017.
UNITED STATES DISTRICT JUDGE
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