Libyan Jamahiriya Broadcasting Corporation v. Fadel
Filing
17
MOTION for Entry of Default filed by Libyan Jamahiriya Broadcasting Corporation. (Attachments: # 1 Declaration of John Fuisz)(Ishimoto, Jennifer) (Filed on 1/6/2011)
1 JOHN R. FUISZ (pro hac vice pending)
THE FUISZ-KUNDU GROUP LLP
2 1455 Pennsylvania Avenue, NW
Suite 400
3 Washington, DC 20004
Telephone: (202) 621-1889
4 E-mail: Jfuisz@fuiszlaw.com
5 JENNIFER L. ISHIMOTO (SBN 211845)
BANIE & ISHIMOTO LLP
6 600 Chesapeake Drive
Palo Alto, CA 94303
7 Telephone: (650) 320-1628
Facsimile: (650) 320-1628
8 E-mail: ishimoto@banishlaw.com
9 Attorneys for Plaintiff
Libyan Jamahiriya Broadcasting Corporation
10
11
12
UNITED STATES DISTRICT COURT
13
NORTHERN DISTRICT OF CALIFORNIA
14
15
Libyan Jamahiriya Broadcasting
Corporation,
16
Civil Action No. 3:10-CV-05432 WHA
Plaintiff,
17
vs.
18
Maher Adly Fadel,
19
REQUEST TO ENTER DEFAULT
Defendant.
20
21
22 TO:
THE CLERK OF THE ABOVE-ENTITLED COURT
23
24
Plaintiff hereby request that the Clerk of the above-entitled Court enter default in this
25 matter against defendant Maher Adly Fadel on the ground that said defendant has failed to appear
26 or otherwise respond to the complaint within the time prescribed by the Federal Rules of Civil
27 Procedure. Defendant filed a counter-notification under 17 U.S.C. §512(g) in which defendant
28
-1BANIE & ISHIMOTO
LLP
REQUEST FOR DEFAULT
1 consented to the jurisdiction of this court and to accept service. Plaintiff provided notice of the
2 lawsuit to defendant on December 2, 2010.
3
Evidence of the service of summons is filed herewith. In addition, the above stated facts
4 are set forth in the accompanying declaration of John R Fuisz, filed herewith which states as
5 follows:
6
On August 16, 2010, Plaintiff Libyan Jamahiriya Broadcasting Corporation (“LJBC”)
7 provided YouTube LLC with Notification under the United States Digital Millennium Act, 17
8 U.S.C. §512 that copyrighted material that infringed upon one or more LJBC owned copyrights
9 had been posted at http://www.youtube.com/watch?v=Xa9zetxgteA.
10
On November 11, 2010, an individual using the email address of
11 zebooelgamed@yahoo.com who identified himself under oath as Maher Adly Fadel (username:
12 thelion330) of 23 Al Eman Street, Second Floor, Alexandria Egypt, 2003 provided a counter13 designation. As required by 17 U.S.C. §512, Maher Adly Fadel stated under penalty of perjury:
I consent to the jurisdiction of the Federal District Court for the district in
14
which my address is located, or if my address is outside of the United
States, to the judicial district in which YouTube is located, and will accept
15
service of process from the claimant.
16
17
On information and belief, YouTube LLC is located at 901 Cherry Ave., San Bruno,
18 California, 94066.
19
On December 2, 2010, 2010, YouTube LLC was provided with Notification under 17
20 U.S.C. §512(g). The Notification, including a copy of the complaint, the summons, civil cover
21 sheet, Case Schedule and Court Rules, was emailed to YouTube (email copyright@youtube.com)
22 and emailed to Maher Adly Fadel (email zebooelgamed@yahoo.com). The email to Maher Adly
23 Fadel was not returned and, on information and belief, reached Maher Adly Fadel on or about
24 December 2, 2010. On information and belief, Maher Adly Fadel’s Answer or motion under Rule
25 12 of the Federal Rules of Civil Procedure were due on December 23, 2010.
26
27
28
-2BANIE & ISHIMOTO
LLP
REQUEST FOR DEFAULT
1 DATED: January 6, 2011
Respectfully submitted,
2
3
4
5
__/s/Jennifer Ishimoto_____________________
JENNIFER L. ISHIMOTO (SBN 211845)
BANIE & ISHIMOTO LLP
JOHN R. FUISZ (pro hac vice pending)
THE FUISZ-KUNDU GROUP LLP
6
7
Attorneys for Plaintiff
Libyan Jamahiriya Broadcasting Corporation
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-3BANIE & ISHIMOTO
LLP
REQUEST FOR DEFAULT
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?