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)

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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

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