UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (SAN JOSE)
June 15, 2011
DFSBS KOLLECTIVE CO. LTD., ET AL.,
PHILLIP KUOCH, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Hon. Jeremy Fogel United States District Judge
REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER
Date: June 17, 2011 Time: 10:30 a.m. Court: Hon. Jeremy Fogel
PLAINTIFFS DFSB Kollective Co. Ltd., in conjunction with Jungle Entertainment, Woolim Entertainment, Aftermoon Music Entertainment, Inc., BooHwal Entertainment, and Paragon Music Corp. (collectively "the DFSB Plaintiffs"), by and through their counsel of record, hereby request as follows:
WHEREAS the DFSB Plaintiffs filed their Complaint on or about March 7, 2011;
WHEREAS Defendant has executed a Waiver of Service, which was filed on or about May 26, 2011;
WHEREAS Defendant's Answer to the Complaint is not due until August 22, 2011, due to Defendant's presence outside of the United States and execution of the Waiver of Service;
WHEREAS Defendant is located in Australia, making coordination of conferences, documents, and court appearances difficult;
WHEREAS the Parties are currently working to resolve this matter without further Court intervention;
WHEREAS continuing the Case Management Conference would allow the Parties to continue working towards settlement as well as allow sufficient time for Defendant to file his Answer; and
NOW, THEREFORE, the DFSB Plaintiffs respectfully request the Court continue the Case Management Conference for approximately ninety (90) days, or not earlier than September 16, 2011.
DATED: June 10, 2011
J. Andrew Coombs, A Professional Corp.
By: ___/s Nicole L. Drey
J. Andrew Coombs Nicole L. Drey
Attorneys for Plaintiffs DFSB Kollective Co. Ltd., in conjunction with
Jungle Entertainment, Woolim
Entertainment, Aftermoon Music Entertainment, Inc., BooHwal Entertainment, and Paragon Music Corp.
PURSUANT TO REQUEST, IT IS SO ORDERED. The Case Management Conference is continued to 9/16/11.
PROOF OF SERVICE
I, the undersigned, certify and declare that I am over the age of 18 years, employed in the County of Los Angeles, and not a party to the below-entitled cause. I am employed by a member of the Bar of the United States District Courts of California. My business address is 517 East Wilson Avenue, Suite 202, Glendale, California 91206.
On June 10, 2011, I served the: * REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER for the following civil action:
DFSB Kollective Co. Ltd., et al. v. Phillip Kuoch, et al. on the following interested parties in this action:
Phillip Kuoch, an individual and d/b/a kaboomza.com and kaboomza.blogspot.com 75 Henderson Rd. Keysborough 3173 Melbourne Australia email@example.com by placing a true and correct copy thereof in an envelope to be immediately sealed thereafter. I am readily familiar with the office's practice of collecting and processing correspondence for mailing. Under that practice it would be deposited with the United States Postal Service on the same day with postage thereon fully prepaid at Glendale, California, in the ordinary course of business. I am aware that on motion of the party served, service may be presumed invalid if postal cancellation date or postage meter is more than one day after date of deposit for mailing in affidavit.
Place of Mailing: Glendale, California Executed on June 10, 2011, at Glendale, California
__________/s Nicole L. Drey__________ Nicole L. Drey
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