Case 8:11-cv-00485-AG-AJW Document 508

Filed 04/20/12 Page 1 of 2 Page ID #:13296

MORRISON & FOERSTER LLP NEW YORK, SAN FRANCISCO, LOS ANGELES, PALO ALTO, SACRAMENTO, SAN DIEGO, DENVER, NORTHERN VIRGINIA, WASHINGTON, D.C. TOKYO, LONDON, BRUSSELS, BEIJING, SHANGHAI, HONG KONG

425 MARKET STREET SAN FRANCISCO CALIFORNIA 94105-2482 TELEPHONE: 415.268.7000 FACSIMILE: 415.268.7522 WWW.MOFO.COM

April 20, 2012

Writers Direct Contact 415.268.7011 JMcCabe@mofo.com

VIA EMAIL AND FIRST CLASS MAIL The Honorable Andrew J. Guilford United States District Court 411 West Fourth Street, Courtroom 10D Santa Ana, California 92701 Re: Liberi, et. al. v. Taitz, et al. (Case No. SACV 11-0485 AG (AJWx))

Dear Judge Guilford: This letter is submitted on behalf of Reed Elsevier Inc., LexisNexis Risk and Information Analytics Group Inc., LexisNexis, Inc., LexisNexis Risk Solutions, Inc., LexisNexis ChoicePoint, Inc., Lexis Nexis Seisint, Inc., d/b/a Accurint, and LexisNexis Group, Inc. (collectively, the LexisNexis Defendants). We are writing to ask that the Court: (i) (ii) hold a brief telephonic scheduling conference to discuss the upcoming hearings scheduled in the case and reschedule the hearing on the LexisNexis Defendants pending motion for summary judgment to May 21, 2012. That hearing is currently set for May 14, 2012, and thus we are seeking a one-week continuance.

We believe that granting these requests will advance the efficient litigation of this matter for both the Court and the parties. First, on June 13, 2011, before the LexisNexis Defendants were named as parties in this case, the Court held an Early Scheduling Conference in which the Court set May 21 as the date of a Pretrial Conference. (See Docket No. 225.) As the Court is aware, there are essentially three groups of defendants remaining in this case the Taitz Defendants, the Sankey Defendants, and the LexisNexis Defendants. On October 3, 2011, this matter was stayed as to the Taitz Defendants in light of their Ninth Circuit appeal. (See Docket No. 404.) On March 12, 2012, Defendants Neil Sankey and Sankey Investigations Inc. filed a Notice of Bankruptcy Filing and Stay. (See Docket No. 473.) Thus, the case has been stayed as to members of the first two groups of defendants. Consequently, we are currently unclear as to whether the currently scheduled conference will still be held as a Pretrial

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Case 8:11-cv-00485-AG-AJW Document 508

Filed 04/20/12 Page 2 of 2 Page ID #:13297

The Honorable Andrew J. Guilford April 20, 2012 Page Two Conference or whether the existing schedule (including the 5 day jury trial set for June 5, 2012) applies given that there are a number of parties as to whom the case cannot go forward. Second, the LexisNexis Defendants have filed a motion for summary judgment on all remaining claims against them. (See Docket Nos. 491-494.) The motion currently has a hearing date of May 14, 2012. In addition to the Pretrial Conference described above already having been set for the morning of May 21, in an Order filed yesterday, the Court also set May 21 as the hearing date for a summary judgment motion filed by Plaintiffs against the Sankey Defendants. (Docket No. 497.) We believe that it would be efficient from both the Courts and the parties perspective to hold both summary judgment hearings on the same date. We have attempted to reach counsel for the Plaintiffs to discuss this request. We left him a voicemail on Monday, April 16, describing the request in detail, and sought to reach him again yesterday morning, but have not heard back from him. No party has previously sought to reschedule the hearing on the LexisNexis Defendants motion for summary judgment. We could make ourselves available for the telephonic scheduling conference requested in this letter at the Courts convenience. Respectfully submitted, s/ JAMES F. MCCABE James F. McCabe cc: All Parties (Via Electronic Mail)

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