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Laface Records LLC v. Doe

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


November 9, 2007

LAFACE RECORDS LLC, A DELAWARE LIMITED LIABILITY COMPANY; UMG RECORDINGS, INC., A DELAWARE CORPORATION; SONY BMG MUSIC THE HONORABLE MAXINE M. CHESNEY ENTERTAINMENT, A DELAWARE GENERAL PARTNERSHIP; AND MOTOWN COMPANY, L.P., A CALIFORNIA LIMITED PARTNERSHIP, PLAINTIFFS,
v.
JOHN DOE, DEFENDANT.

The opinion of the court was delivered by: Honorable Maxine M. Chesney United States District Judge

RECORD EX PARTE APPLICATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND EXTEND TIME TO SERVE DEFENDANT AND [PROPOSED] ORDER

Respectfully request that the Court continue the case management conference currently set for Federal Rules of Civil Procedure, Rules (m) and 6(b)(1), that Plaintiffs' time to serve the Summons and Complaint on Defendant be extended from December 7, 2007 to March 6, 2008.

Court's permission to serve a Rule 45 subpoena on University of California, Santa Cruz ("UC Santa Cruz") so that Plaintiffs could obtain information sufficient to identify Defendant. On August 22, 2007, this Court issued its Order Granting Plaintiffs' Ex Parte Application for Leave to Take Immediate Discovery. Pursuant to the Court's Order, Plaintiffs have served UC Santa Cruz with a Defendant. Plaintiffs expect UC Santa Cruz to respond to the subpoena on November 28, 2007.

Rule 45 subpoena directing UC Santa Cruz to produce certain information necessary to identify Because Plaintiffs cannot identify Defendant until UC Santa Cruz has responded to Plaintiffs' subpoena, there is not yet a known defendant with whom to confer, and a case management conference is unnecessary at this time. Plaintiffs therefore respectfully request that the Court continue the case management conference currently set for November 16, 2007, at 10:30 a.m. to February 15, 2008. Because the original time period for Plaintiffs to serve the Summons and Complaint on Defendant will expire on December 7, 2007 (only nine days after Plaintiffs expect to receive the subpoena response enabling them to identify Defendant), Plaintiffs further request that the time to serve the Summons and Complaint on Defendant be extended to March 6, 2008.

Because Defendant John Doe ("Defendant") has not yet been identified, Plaintiffs November 16, 2007, at 10:30 a.m. to February 15, 2008. Plaintiffs further request, pursuant to the Plaintiffs filed the Complaint against Defendant on August 9, 2007. Also on August 9, 2007, Plaintiffs filed their Ex Parte Application for Leave to Take Immediate Discovery, seeking the Good cause having been shown:

Dated: November 7, 2007

ORDER

IT IS ORDERED that the case management conference currently set for November 16, 2007, at 10:30 a.m. be continued to February 15, 2008.

IT IS FURTHER ORDERED that, pursuant to the Federal Rules of Civil Procedure, Rules 4(m) and 6(b)(1), Plaintiffs' time to serve the Summons and Complaint on Defendant be extended to March 6, 2008.

January 15, 2008.

20071109

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