Malibu Media, LLC v. Doe

Filing 21

ORDER DENYING REQUEST TO EXTEND DEADLINE TO SERVE DEFENDANT WITHOUT PREJUDICE by Hon. William Alsup denying 20 Motion for Extension of Time to File.(whalc1, COURT STAFF) (Filed on 5/1/2017) (Additional attachment(s) added on 5/1/2017: # 1 Exhibit Prior Order) (whalc1, COURT STAFF).

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 MALIBU MEDIA, LLC, 11 For the Northern District of California United States District Court 10 12 13 14 15 Plaintiff, No. C 16-06111 WHA v. JOHN DOE, subscriber assigned IP address 24.130.56.150, Defendant. ORDER DENYING REQUEST TO EXTEND DEADLINE TO SERVE DEFENDANT WITHOUT PREJUDICE / 16 17 Plaintiff seeks to extend the deadline to effectuate service due to delays in receiving a 18 summons from the Clerk’s office. Plaintiff’s motion is unsupported by a sworn declaration, and 19 it is accordingly DENIED. This is without prejudice to a renewed request supported by sworn 20 evidence detailing counsel’s diligence in procuring the summons, including the date and time of 21 each phone call to the Clerk’s office and efforts to procure the summons in person, if any. The 22 declaration shall also explain the delay between receiving defendant’s identifying information 23 on March 30 (see Dkt. No. 15) and filing the amended complaint and proposed summons on 24 April 13 (see Dkt. No. 17). Counsel is directed to review the Order Re Plaintiff’s Proposed 25 Procedure for Effectuating Service in Malibu Media, LLC v. Doe, Case No. 15-4287, Docket 26 No. 29 (N.D. Cal. Feb. 23, 2016), which order is appended hereto as Exhibit 1. That order has 27 formed the basis for the procedure in all Malibu Media cases assigned to the undersigned from 28 that day forward, which procedures are set forth in the order allowing Malibu Media to serve a third-party subpoena herein (Dkt. No. 20). 1 Additionally, any new requested extension shall be no longer than the time period 2 between the filing of the proposed summons and the receipt of the summons (though the 3 extension may be further reduced depending on the extent of plaintiff’s counsel’s diligence). 4 5 IT IS SO ORDERED. 6 7 Dated: April 28, 2017. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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