Case3:10-cv-03647-WHA Document12 Filed11/23/10 Page1 of 4

1 D. GILL SPERLEIN (172887)

THE LAW OFFICE OF D. GILL SPERLEIN
2
584 Castro Street, Suite 879
3 San Francisco, California 94114
Telephone: (415) 404-6615
4 Facsimile: (415) 404-6616
5 gill@sperleinlaw.com

6 Attorney for Plaintiff

7 IO GROUP, INC.

8
UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
10 SAN FRANCISCO DIVISION
11 )
12 ) CASE NO.: 10-3647 (MEJ)
)
13 IO GROUP, INC. d/b/a TITAN ) PLAINTIFF IO GROUP, INC.’S
14 MEDIA, a California corporation, ) MISCELLANEOUS ADMINISTRATIVE
) REQUEST TO EXTEND TIME TO SERVE
15 Plaintiff, ) DEFENDANTS AND TO RESET CASE
vs. ) MANAGEMENT CONFERENCE
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DOES 1-244, individuals, )
17 ) Current CMC Schedule:
Defendants. )
18 ) Date: 12/2/2010
19 ) Time: 10:00 a.m.
________________________________ ) CtRm: B, 15th Fl
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Pursuant to Local Rule 7-11, Plaintiff moves the Court to extend the time to serve
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Defendant Does 1-244 and to reset the Case Management Conference currently
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24 scheduled for December 2, 2010 at 10:00 a.m. Plaintiff could not obtain stipulation for
25 this motion because Plaintiff, in spite of diligent efforts, has not yet identified the Doe
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Defendants.
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ADMINISTRATIVE REQUEST TO EXTEND TIME
TO SERVE DEFENDANTS AND TO RESET CMC
C-10-3647 (MEJ)
 Case3:10-cv-03647-WHA Document12 Filed11/23/10 Page2 of 4

1 I. GOOD CAUSE EXSISTS FOR PLAINTIFF’S REQUEST FOR

ADDITIONAL TIME TO SERVE DEFENDANTS.
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3 Federal Rule for Civil Procedure 4(m) requires Plaintiff to serve defendants within
4 120 days of filing the Complaint, but also provides that the Court must extend that time
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for good cause. Fed. R. Civ. Pro. 4(m). Plaintiff filed its Complaint on August 19, 2010,
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7 making the service deadline December 17, 2010.

8 As previously raised to the Court in its Motion for Leave to Take Early Discovery,
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Plaintiff does not currently know the identity of the Doe Defendants in this matter.
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[Plaintiff’s Administrative Request for Leave to Take Discovery prior to Rule 26
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12 Conference, Docket No. 5] Currently, the only clue Plaintiff has to the identity of the

13 Does, is the ip address associated with the infringing activity. [Id. at 2:22] Therefore,
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Plaintiff moved the Court for Leave to subpoena Defendants’ Internet Service Provider,
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AT&T, for identifying information of the account holders of the ip addresses identified
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17 by Plaintiff.
18 The Court granted Plaintiff’s request on October 4, 2010. [Order Granting
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Plaintiff Leave to Take Early Discovery, Docket No. 10] Plaintiff served the subpoena
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21 on AT&T that same day. [Declaration of D. Gill Sperlein in Support of Io Group, Inc.’s

22 Miscellaneous Administrative Request To Extend Time To Serve Defendants And To

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Reset Case Management Conference at ¶2; Exhibit A.] Because, the subpoena requested
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information for a large number of subscribers (244) Plaintiff allowed AT&T until
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26 December 5, 2010 to respond. [Id.]

27 On October 10, 2010, Rhonda Compton of AT&T telephoned Plaintiff’s counsel,

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ADMINISTRATIVE REQUEST TO EXTEND TIME
TO SERVE DEFENDANTS AND TO RESET CMC
C-10-3647 (MEJ)
 Case3:10-cv-03647-WHA Document12 Filed11/23/10 Page3 of 4

1 explained that AT&T has been inundated with similar subpoenas, and requested an
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extension until March 18, 2010 to comply with the subpoena. [Id. at ¶3.] In the spirit of
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cooperating with a non-party’s assumed good faith efforts, Plaintiff’s counsel agreed to
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5 the extension. [Id.]

6 Since there is no other means for identifying the Doe Defendants and since it is
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impossible to serve them without first identifying them, Plaintiff has good cause for
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requesting an extension of time to complete service. Since most litigation have 120 days
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10 to serve defendants, Plaintiff requests 120 days from the date AT&T will provide the
11 subscriber information.1 Thus, Plaintiff respectfully requests that the deadline for serving
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the Doe Defendants be extended until July 14, 2011.
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Even though AT&T will provide the requested subscriber information on March 16,
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26 2010, Plaintiff may still have to take additional steps to ensure that it has identified the
27 person responsible for the infringing activity.
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ADMINISTRATIVE REQUEST TO EXTEND TIME
TO SERVE DEFENDANTS AND TO RESET CMC
C-10-3647 (MEJ)
 Case3:10-cv-03647-WHA Document12 Filed11/23/10 Page4 of 4

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II. UNTIL PLAINTIFF IDENTIFIES AND SERVES DEFENDANTS, A
3 CASE MANAGMNT CONFERNCE WOULD SERVE LITTLE
PURPOSE.
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5 Because a Case Management Conference is of little value prior to naming and

6 serving the Doe Defendants, Plaintiff requests that the Case Management Conference
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currently scheduled for December 2, 2010 at 10:00 a.m., be reset for July 21, 2011 at
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10:00 a.m.
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10
11 Respectfully Submitted,
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13
14 /s/ D. Gill Sperlein

15 Dated: November 23, 2010 ______________________________

16
D. Gill Sperlein
17 THE LAW OFFICE OF D. GILL SPERLEIN
Attorney for Plaintiffs
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ADMINISTRATIVE REQUEST TO EXTEND TIME
TO SERVE DEFENDANTS AND TO RESET CMC
C-10-3647 (MEJ)