Malibu Media, LLC v. Doe
Filing
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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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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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MALIBU MEDIA, LLC,
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For the Northern District of California
United States District Court
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Plaintiff,
No. C 16-06141 WHA
v.
JOHN DOE, subscriber assigned IP address
76.220.56.83,
Defendant.
ORDER DENYING REQUEST
TO EXTEND DEADLINE TO
SERVE DEFENDANT
WITHOUT PREJUDICE
/
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Plaintiff seeks to extend the deadline to effectuate service due to delays in receiving a
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summons from the Clerk’s office. Plaintiff’s motion is unsupported by a sworn declaration, and
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it is accordingly DENIED. This is without prejudice to a renewed request supported by sworn
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evidence detailing counsel’s diligence in procuring the summons, including the date and time of
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each phone call to the Clerk’s office and efforts to procure the summons in person, if any. The
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declaration shall also explain the delay between receiving defendant’s identifying information
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on March 30 (see Dkt. No. 15) and filing the amended complaint and proposed summons on
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April 13 (see Dkt. No. 17). Counsel is directed to review the Order Re Plaintiff’s Proposed
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Procedure for Effectuating Service in Malibu Media, LLC v. Doe, Case No. 15-4287, Docket
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No. 29 (N.D. Cal. Feb. 23, 2016), which order is appended hereto as Exhibit 1. That order has
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formed the basis for the procedure in all Malibu Media cases assigned to the undersigned from
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that day forward, which procedures are set forth in the order allowing Malibu Media to serve a
third-party subpoena herein (Dkt. No. 20).
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Additionally, any new requested extension shall be no longer than the time period
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between the filing of the proposed summons and the receipt of the summons (though the
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extension may be further reduced depending on the extent of plaintiff’s counsel’s diligence).
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IT IS SO ORDERED.
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Dated: April 28, 2017.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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For the Northern District of California
United States District Court
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