Libyan Jamahiriya Broadcasting Corporation v. Saleh

Filing 28

Ex Parte Application filed by Libyan Jamahiriya Broadcasting Corporation. (Attachments: # 1 Proposed Order)(Ishimoto, Jennifer) (Filed on 7/8/2011)

1 JOHN R. FUISZ (pro hac vice)
THE FUISZ-KUNDU GROUP LLP
2 1455 Pennsylvania Avenue, NW
Suite 400
3 Washington, DC 20004
Telephone: [phone]
4 E-mail: [e-mail]
5 JENNIFER L. ISHIMOTO (SBN 211845)
BANIE & ISHIMOTO LLP
6 600 Chesapeake Drive
Redwood City, CA 94063
7 Telephone: [phone]
E-mail: [e-mail]
8
Attorneys for Plaintiff
9 Libyan Jamahiriya Broadcasting Corporation
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UNITED STATES DISTRICT COURT

13

NORTHERN DISTRICT OF CALIFORNIA

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Libyan Jamahiriya Broadcasting
Corporation,

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Plaintiff,
vs.
Abdalla Saleh,

Civil Action No. 5:10-CV-03713-JF PVT
PLAINTIFF LIBRYAN JAMAHIRIYA
BROADCASTING CORPORATION’S EX
PARTE REQUEST TO SUSPEND ALL
ACTIVITY IN CASE

Defendant.

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Plaintiff Libyan Jamahiriya Broadcasting Corporation (“LJBC”) submits this Ex Parte

24 Request To Suspend All Activity In Case, including the upcoming status conference scheduled
25 for July 15, 2011 at 10:30 a.m.
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27
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BANIE & ISHIMOTO
LLP

-1PLAINTIFF’S EX PARTE CASE MANAGEMENT CONFERENCE STATEMENT
CIVIL ACTION NO. 5:10-CV-03713-JF PVT

1
2

NOTICE

3

As explained in detail below and in the previously filed pleadings, Plaintiff Libyan

4 Jamahiriya Broadcasting Corporation (“LJBC”) has not been able to locate the Defendant Abdalla
5 Saleh. Civil Local Rule 7-10 allows ex parte application as long as the application is permitted
6 by another statute or rule. Here, California Rule of Court Rule 3.1204(b) permits an application
7 for an ex parte order to proceed without notice upon a showing that the applicant in good faith
8 attempted to inform the opposing party but was unable to do so. Because Plaintiff has not able to
9 locate Defendant, Plaintiff has resorted to filing this Ex Parte request.
10
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BRIEF DESCRIPTION OF THE CASE AND REQUEST

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Plaintiff Libyan Jamahiriya Broadcasting Corporation (“LJBC”) is suing Defendant

13 Abdalla Saleh, for copyright infringement (Counts 1-4). Defendant agreed under oath to accept
14 service but has been actively evading service by providing an incorrect address and by canceling
15 his email address after this Court authorized service by email.
16

At the last CMC, the Court acknowledged that the defendant was in default. All that

17 remained was to finish the paperwork, which counsel for LJBC informed the Court it was in the
18 process of doing.
19

On February 17, 2011 the Clerk issued notice of default. Counsel was in the process of

20 putting together the paperwork for the final default judgment to be entered when the political
21 unrest in Libya broke out. Since then, the Office of Foreign Assets Controlled (“OFAC”) has
22 identified LJBC as one of the companies that is owned by the government that is subject to
23 sanctions. See Exhibit A, a true and correct copy of a press release from the Treasury
24 Department. Specifically, Executive Order 13566 prohibits U.S. persons from engaging in
25 business with any Libyan state-owned entity. Plaintiff Libyan Jamahiriya Broadcasting
26 Corporation is specifically listed. Counsel for LJBC does not have an OFAC license yet. As
27 such, Counsel believes that it cannot appear at the CMC or in any way move this case forward
28

BANIE & ISHIMOTO
LLP

-2PLAINTIFF’S EX PARTE CASE MANAGEMENT CONFERENCE STATEMENT
CIVIL ACTION NO. 5:10-CV-03713-JF PVT

1 without risking violating the OFAC sanction order at this time. Thus, Counsel for LJBC asks that
2 the Court suspend all dates until Counsel for LJBC can obtain a license to further participate in
3 this litigation or until the executive order is removed.
4
5 Dated: July 8, 2011

The Fuisz-Kundu Group LLP

6

_/s/John R. Fuisz_____________________
John R. Fuisz (Pro Hac)

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Banie & Ishimoto LLP
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_/s/Jennifer Ishimoto__________________
Jennifer Ishimoto (SBN 211845)

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Attorneys for Plaintiff
Libyan Jamahiriya Broadcasting Corporation

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BANIE & ISHIMOTO
LLP

-3PLAINTIFF’S EX PARTE CASE MANAGEMENT CONFERENCE STATEMENT
CIVIL ACTION NO. 5:10-CV-03713-JF PVT

EXHIBIT A

5/5/2011

Treasury Identifies Three Companies O…
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Home » Press Center » Press Releases » Treasury Identifies Three Companies Ow ned by the Government of Libya as Subject to Sanctions

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Treasury Identifies Three Companies Owned by the Government of Libya as Subject to
Sanctions

Video, Audio, and
Webcasts

5/5/2011
WASHINGTON – The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) today identified three
companies owned by the Government of Libya as subject to sanctions pursuant to Executive Order (E.O.) 13566.

Press Contacts

E.O. 13566 blocks all property and interests in property of the Government of Libya and its agencies, instrumentalities and
controlled entities within U.S. jurisdiction, whether specifically identified by OFAC or not. U.S. persons are prohibited from
engaging in business with any Libyan state-owned entity. Today’s identifications are intended to aid U.S. persons and others in
meeting their obligations under E.O. 13566.
“The United Nations and countries around the world are locking down the Government of Libya’s assets to prevent the Qaddhafi
regime from sponsoring further bloodshed,” said OFAC Director Adam J. Szubin. “Today’s identifications name additional
agencies of the Qaddhafi regime; all of their assets should be frozen.”
The following entities were identified by OFAC today as subject to sanctions pursuant to E.O. 13566:
Libyan Jamahiriya Broadcasting Corporation: Libya’s state broadcasting company, which owns several radio and
television stations in Libya.
Dalia Advisory Ltd.: a London-based investment firm that is 100 percent owned by the Libyan Investment Authority (LIA),
which was identified by OFAC as a Government of Libya entity on March 15, 2011.
Lafico Algeria Holdings: an Algeria-based subsidiary of the Libyan Arab Foreign Investment Company (LAFICO), which
was identified by OFAC as a Government of Libya entity on March 15, 2011.

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