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26 Defendants previously identified as Does. Plaintiff immediately took steps to serve the
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SEPARATE CASE MANAGEMENT CONFERENCE STATEMENT
C-10-3647 (WHA)
Case3:10-cv-03647-WHA Document43 Filed05/26/11 Page2 of 6
1 Summons and First Amended Complaint on Defendants but it will likely take an
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additional ten to fourteen days before Plaintiff completes service.
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1. Jurisdiction and Service:
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5 Jurisdiction -
6 Plaintiff alleges this Court has subject matter jurisdiction over Plaintiff’s claims
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for copyright infringement and related claims pursuant to 17 U.S.C. §§ 101, et. seq., and
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28 U.S.C. §§ 1331 and 1338(a) and that the Court has supplemental jurisdiction over
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10 Plaintiffs’ claims arising under the laws of California pursuant to 28 U.S.C. § 1367(a)
11 because these claims are so related to Plaintiff’s claims under Federal Law that they form
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part of the same case or controversy and derive from a common nucleus of operative
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14 facts.
15 Plaintiff alleges personal jurisdiction over the defendants based on the fact that six
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of the ten defendants reside in California. The other four defendants engaged in an
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intentional tort (copyright infringement) knowing the effect of their illegal actions would
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19 be suffered in this jurisdiction. Thus, Plaintiff can establish personal jurisdiction based
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SEPARATE CASE MANAGEMENT CONFERENCE STATEMENT
C-10-3647 (WHA)
Case3:10-cv-03647-WHA Document43 Filed05/26/11 Page3 of 6
1 five months to respond to the subpoena1, Plaintiff requested and the Court granted an
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extension of the time to serve the defendants until July 14, 2011.
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AT&T finally provided the names of the subscribers on May 11, 2011. Plaintiff
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5 immediately contacted the subscribers by letter in order to give them an opportunity to
6 deny the claims, identify any other party they may have allowed to access their Internet
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connection, or to resolve the conflict through settlement. Understanding the Court’s
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concern that the case has lingered, Plaintiff only gave the subscribers until May 23, 2011
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10 to respond. When no response was forthcoming, Plaintiff amended the Complaint and
11 immediately took steps to serve the newly named Defendants. Plaintiff currently is in the
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process of serving each of the ten Defendants and hopes to complete service within
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14 fourteen days.
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2. Legal Issues:
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17 This matter consists primarily of straight forward claims of direct copyright
18 infringement against each Defendant. Plaintiff’s other claims involve areas of the law
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which are in transition including Plaintiff’s claims of secondary liability and conspiracy
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21 in the peer-to-peer context, negligence for allowing others to use an Internet connection
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23 Plaintiff originally named 244 Doe Defendants. Based on the large number of records
Plaintiff sought and a large number of other civil subpoenas pending, AT&T indicated it
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would be unable to respond to Plaintiff’s October 4, 2010 subpoena until March 18, 2011.
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Later, AT&T further withheld production because an anonymous motion to dismiss was
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pending with the Court. When, the Court ordered the Motion struck on May 10, 2011,
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AT&T agreed to produce the requested documents.
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SEPARATE CASE MANAGEMENT CONFERENCE STATEMENT
C-10-3647 (WHA)
Case3:10-cv-03647-WHA Document43 Filed05/26/11 Page4 of 6
1 for illegal purposes, and the appropriateness of joining Defendants when a Plaintiff seeks
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to hold them jointly and severely liable for damages.
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3. Motions:
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5 No motions are pending.
6 4. Amended Pleadings:
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No Amended pleadings are currently contemplated.
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5. Evidence Preservation:
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10 Plaintiff is preserving all relevant evidence and has notified each Defendant of his
11 or her responsibility to do the same.
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6. Disclosures:
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14 No disclosures have been exchanged.
15 7. Discovery:
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Plaintiff has taken early discovery in the form of a subpoena to AT&T to identify
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the subscribers. The parties have not yet taken any additional discovery. Plaintiff sees
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19 no reason to limit or modify the discovery rules.
20 8. Class Actions:
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This matter is not a class action.
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9. Related Cases:
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24 Currently, there are no cases related to this matter. However, Plaintiff identified
25 additional Defendants in the original Complaint who are not named in its Amended
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Complaint. Should Plaintiff elect to file new Complaints against any of those Defendants
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in this jurisdiction, Plaintiff will identify such Complaints as related to this matter.
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SEPARATE CASE MANAGEMENT CONFERENCE STATEMENT
C-10-3647 (WHA)
Case3:10-cv-03647-WHA Document43 Filed05/26/11 Page5 of 6
1 10. Relief:
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Plaintiff seeks monetary damages of $150,000 based on Defendants’ willful
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infringement of its work Breakers, and a permanent injunction prohibiting Defendants
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5 from further infringement of Io Group’s registered works. Plaintiff also seeks an award
6 of attorneys’ fees and costs pursuant to section 505 of the Copyright Act, 17 U.S.C. §
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505.
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11. Settlement and ADR:
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10 Plaintiff presented each defendant with an early settlement offer which expired on
11 May 23, 2011. Parties have not had an opportunity to pursue additional settlement
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discussions.
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14 12. Consent to Magistrate Judge for All Purposes:
15 Plaintiff declined to have the matter referred to a magistrate judge for all purposes.
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13. Other References:
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Parties do not believe the matter is suitable for any other references.
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19 14. Narrowing of Issues:
20 The parties have not had an opportunity to enter discussions for the purpose of
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narrowing issues.
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15. Expedited Schedule:
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24 Parties do not believe the matter is suitable to be handled on an expedited basis.
25 16. Scheduling:
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Plaintiff believes it is premature to suggest scheduling dates, since Defendants
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have not had an opportunity for input.
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SEPARATE CASE MANAGEMENT CONFERENCE STATEMENT
C-10-3647 (WHA)
Case3:10-cv-03647-WHA Document43 Filed05/26/11 Page6 of 6
1 17. Trial:
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Plaintiff has demanded a jury trial. Plaintiff expects a trial would last three to five
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days excluding jury selection and voir dire.
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5 18. Disclosure of Non-party Interested Entities or Persons:
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SEPARATE CASE MANAGEMENT CONFERENCE STATEMENT
C-10-3647 (WHA)