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Arista Records LLC v. Doe

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


December 28, 2007

ARISTA RECORDS LLC, A DELAWARE LIMITED LIABILITY COMPANY; UMG RECORDINGS, INC., A DELAWARE CORPORATION; AND SONY BMG MUSIC ENTERTAINMENT, A DELAWARE GENERAL PARTNERSHIP, PLAINTIFFS,
v.
JOHN DOE, DEFENDANT.

The opinion of the court was delivered by: Honorable Maxine M. Chesney

EX PARTE APPLICATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER

currently set for January 4, 2008, at 10:30 a.m. to April 4, 2008.

Immediate Discovery seeking the Court's permission to serve a Rule 45 subpoena on California State University -- Monterey Bay ("Cal State Monterey Bay"), so that Plaintiffs could obtain information sufficient to identify Defendant. On October 1, 2007, this Court issued its Order Plaintiffs to serve a Rule 45 subpoena on Cal State Monterey Bay. On November 30, 2007, Cal State Monterey Bay responded to Plaintiffs' subpoena, providing Plaintiffs with identifying information including Defendant's name, telephone number, and address.

Plaintiffs respectfully request that the Court continue the case management conference Plaintiffs filed the Complaint against Defendant John Doe ("Defendant") on September 20, 2007. Also on September 20, 2007, Plaintiffs filed their Ex Parte Application for Leave to Take Granting Plaintiffs' Ex Parte Application for Leave to Take Immediate Discovery authorizing Now that Plaintiffs know Defendant's identity, and in hopes of avoiding further litigation, Plaintiffs have sent a letter to Defendant asking her to contact Plaintiffs regarding possible settlement of this matter. If the parties do not reach a settlement, Plaintiffs will file an amended complaint naming Defendant personally.

case, a case management conference is unnecessary at this time. Plaintiffs therefore request that the April 4, 2008.

Dated: December 20, 2007

Given the foregoing circumstances, and because there is not yet a named defendant in this Court continue the case management conference currently set for January 4, 2008, at 10:20 a.m. to

MATTHEW FRANKLIN JAKSA Attorney for Plaintiffs

ORDER

Good cause having been shown:

IT IS ORDERED that the case management conference currently set for January 4, 2008, at 10:30 a.m. be continued to April 4, 2008.

Honorable Maxine M. Chesney United States District Judge

20071228

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