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

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)

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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, 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

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