The opinion of the court was delivered by: Jeffrey S. White United States District Judge
REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE
PLAINTIFF Adobe Systems Incorporated ("Adobe" or "Plaintiff"), by and through its counsel of record, Nicole L. Drey, of J. Andrew Coombs, A P.C., hereby requests as follows:
WHEREAS the Court set the Scheduling Conference in the above-captioned matter for October 30, 2009, at 1:30 p.m.;
WHEREAS Plaintiff filed an Ex Parte Application for Leave to Take Immediate Discovery Prior to the Rule 26(f) Conference and Request for Enlargement of Time Within Which to Effect Service of Process ("Application") on or about July 9, 2009;
WHEREAS the Court granted Plaintiff's Application on or about July 13, 2009;
WHEREAS Plaintiff has learned, pursuant to its expedited discovery, that the bank account used to perpetrate the actions alleged in the Complaint is owned by Moayed Daoud a/k/a Moyid David ("David");
WHEREAS Plaintiff filed its First Amended Complaint, adding David, on or about October 7, 2009;
WHEREAS Plaintiff has not yet been able to effect service on David;
WHEREAS the deadline to effect service upon David, pursuant to Fed. R. Civ. P. 4(m), is February 4, 2010; and
NOW, THEREFORE, Plaintiff requests that the Case Management Conference in the above captioned matter be continued until February 26, 2010, or a date thereafter acceptable to the Court, to allow sufficient time to serve David and for him to respond.
IT IS SO ORDERED. The case management conference is continued to management statement shall be due on ...