Libyan Jamahiriya Broadcasting Corporation v. Fadel

Filing 27

Ex Parte Application to Suspend All Activity in Case filed by Libyan Jamahiriya Broadcasting Corporation. (Attachments: # 1 Proposed Order)(Ishimoto, Jennifer) (Filed on 10/7/2011)

1 JOHN R. FUISZ (pro hac vice)
THE FUISZ-KUNDUGROUP 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 1999 South Bascom Ave., Suite 700
Campbell, CA 95008
7 Telephone: [phone]
E-mail: [e-mail]
8
Attorneys for Plaintiff
9 Libyan Jamahiriya Broadcasting Corporation
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Libyan Jamahiriya Broadcasting
Corporation,

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Plaintiff,

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vs.

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Maher Adly Fadel,

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Civil Action No. 3:10-CV-05432-EJD
PLAINTIFF LIBRYAN JAMAHIRIYA
BROADCASTING CORPORATION’S EX
PARTE REQUEST TO SUSPEND ALL
ACTIVITY IN CASE

Defendant.

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BANIE & ISHIMOTO
LLP

-1PLAINTIFF’S EX PARTE REQUEST TO SUSPEND ALL ACTIVITY IN CASE
CIVIL ACTION NO. CV10-05432

1

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

2 Request To Suspend All Activity In Case, including the upcoming status conference scheduled
3 for October 14, 2011 at 10:00 a.m.
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I. NOTICE
As explained in detail below, and in the previously filed request for default, Plaintiff

6 Libyan Jamahiriya Broadcasting Corporation (“LJBC”) has not been able to physically locate the
7 Defendant, Maher Adly Fadel. However, LJBC did send to Defendant Fadel copies of the
8 complaint, the summons, civil cover sheet, Case Schedule and Court Rules. This email was not
9 returned, and thus, Plaintiff LJBC does believe that Defendant Fadel received notification of this
10 lawsuit. Civil Local Rule 7-10 allows ex parte application as long as the application is permitted
11 by another statute or rule. Here, California Rule of Court Rule 3.1204(b) permits an application
12 for an ex parte order to proceed without notice upon a showing that the applicant in good faith
13 attempted to inform the opposing party but was unable to do so. Because Plaintiff has not able to
14 locate Defendant, Plaintiff has resorted to filing this Ex Parte Case Management Conference
15 Statement.
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II. BRIEF DESCRIPTION OF THE CASE AND REQUEST
Plaintiff Libyan Jamahiriya Broadcasting Corporation (“LJBC”) is suing Defendant

18 Maher Adly Fadel, for copyright infringement (Counts 1-4). Defendant agreed under oath to
19 accept service but has been actively evading service by providing an incorrect address.
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Plaintiff alleges and can demonstrate that an individual identified as “the lion330” posted

21 videos that contain the un-authorized use and un-authorized alteration, including removal of
22 names and authors, of the copyrighted materials.
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On August 16, 2010, Plaintiff Libyan Jamahiriya Broadcasting Corporation (“LJBC”)

24 provided YouTube LLC with Notification under the United States Digital Millennium Act, 17
25 U.S.C. §512 that copyrighted material that infringed upon one or more LJBC owned copyrights
26 had been posted at http://www.youtube.com/watch?v=Xa9zetxgteA.
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BANIE & ISHIMOTO
LLP

-2PLAINTIFF’S EX PARTE REQUEST TO SUSPEND ALL ACTIVITY IN CASE
CIVIL ACTION NO. CV10-05432

1

On November 11, 2010, an individual using the email address of

2 [e-mail] who identified himself under oath as Maher Adly Fadel (username:
3 thelion330) of 23 Al Eman Street, Second Floor, Alexandria Egypt, 2003 provided a counter4 designation.
5

As required by 17 U.S.C. §512, Maher Adly Fadel stated under penalty of perjury:

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I consent to the jurisdiction of the Federal District Court for the district in

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which my address is located, or if my address is outside of the United

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States, to the judicial district in which YouTube is located, and will accept

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service of process from the claimant.

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On December 2, 2010, 2010, YouTube LLC was provided with Notification under 17

11 U.S.C. §512(g). The Notification, including a copy of the complaint, the summons, civil cover
12 sheet, Case Schedule and Court Rules, was emailed to YouTube (email [e-mail])
13 and emailed to Maher Adly Fadel (email [e-mail]). The email to Maher Adly
14 Fadel was not returned and, on information and belief, reached Maher Adly Fadel on or about
15 December 2, 2010.
16

A confirmation copy of the email and attachments were sent via Federal Express to the

17 identified address. The package was returned as undeliverable. LJBC has never received an
18 answer to the complaint.
19

LJBC has attempted to locate Maher Adly Fadel in Egypt, but because of the current

20 political issues and resultant instability has been unable to do.
21

In addition, political unrest broke out in Libya around the time that LJBC was attempting

22 to local Fadel in Egypt. Since then, the Office of Foreign Assets Controlled (“OFAC”) has
23 identified LJBC as one of the companies that is owned by the government that is subject to
24 sanctions. See Exhibit A, a true and correct copy of a press release from the Treasury
25 Department. Specifically, Executive Order 13566 prohibits U.S. persons from engaging in
26 business with any Libyan state-owned entity. Plaintiff Libyan Jamahiriya Broading Corporation
27 is specifically listed. Counsel for LJBC does not have an OFAC license yet. As such, Counsel
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BANIE & ISHIMOTO
LLP

-3PLAINTIFF’S EX PARTE REQUEST TO SUSPEND ALL ACTIVITY IN CASE
CIVIL ACTION NO. CV10-05432

1 believes that it cannot appear at the CMC or in any way move this case forward without risking
2 violating the OFAC sanction order at this time. Thus, Counsel for LJBC asks that the Court
3 suspend all dates until Counsel for LJBC can obtain a license to further participate in this
4 litigation or until the executive order is removed.
5
6 Dated: October 7, 2011
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The Fuisz-Kundu Group LLP

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_/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)
Attorneys for Plaintiff
Libyan Jamahiriya Broadcasting Corporation

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BANIE & ISHIMOTO
LLP

-4PLAINTIFF’S EX PARTE REQUEST TO SUSPEND ALL ACTIVITY IN CASE
CIVIL ACTION NO. CV10-05432

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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