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  • Gov Uscourts Cand 241131 32 1

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    J Doe
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    Brett L. Gibbs, an attorney at Prenda Law Inc., submitted a declaration in support of Pacific Century International Ltd.'s application to take further action against Doe defendants in a copyright infringement case. [1] Gibbs states that Pacific Century issued a subpoena to identify Doe 1 and received the subscriber information, but has taken no further action. [2] Gibbs declares that Pacific Century will not take any additional steps without court approval and, if given approval, will first contact the subscriber to discuss the litigation before potentially settling or continuing the case.

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    Gov.uscourts.cand.241131.32.1

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    Brett L. Gibbs, an attorney at Prenda Law Inc., submitted a declaration in support of Pacific Century International Ltd.'s application to take further action against Doe defendants in a copyright infringement case. [1] Gibbs states that Pacific Century issued a subpoena to identify Doe 1 and received the subscriber information, but has taken no further action. [2] Gibbs declares that Pacific Century will not take any additional steps without court approval and, if given approval, will first contact the subscriber to discuss the litigation before potentially settling or continuing the case.

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    Download as PDF, TXT or read online from Scribd
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    109 views2 pages

    Gov Uscourts Cand 241131 32 1

    Uploaded by

    J Doe
    Brett L. Gibbs, an attorney at Prenda Law Inc., submitted a declaration in support of Pacific Century International Ltd.'s application to take further action against Doe defendants in a copyright infringement case. [1] Gibbs states that Pacific Century issued a subpoena to identify Doe 1 and received the subscriber information, but has taken no further action. [2] Gibbs declares that Pacific Century will not take any additional steps without court approval and, if given approval, will first contact the subscriber to discuss the litigation before potentially settling or continuing the case.

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    Attribution Non-Commercial (BY-NC)
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    of 2

    Case4:11-cv-02533-DMR Document32-1

    Filed12/01/11 Page1 of 2

    1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

    Brett L. Gibbs, Esq. (SBN 251000) Prenda Law Inc. 38 Miller Avenue, #263 Mill Valley, CA 94941 415-325-5900 blgibbs@wefightpiracy.com Attorney for Plaintiff

    IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION PACIFIC CENTURY INTERNATIONAL LTD., Plaintiff, ) ) ) ) v. ) ) DOES 1-101, ) ) Defendants. ) _____________________________________ ) I, Brett L. Gibbs, declare as follows: 1. I am an attorney at law licensed to practice in California, and admitted in the No. C-11-02533DMR Magistrate Judge: Hon. Donna M. Ryu DECLARATION OF BRETT L. GIBBS IN SUPPORT OF PLAINTIFFS APPLIACTION TO TAKE FURTHER ACTION

    Northern District of California. My business address is 38 Miller Avenue, #263, Mill Valley, CA, 94941. I am counsel of record for Plaintiff in this matter. 2. Pursuant to the Courts order on July 8, 2011 (ECF No. 7), Plaintiff issued a subpoena

    to Doe 1s Internet Service Provider (ISP), Verizon Online, LLC, and received the subscribers identifying information from the ISP. Plaintiff, however, has taken no further action with regard to that subscriber. 3. Plaintiff does not plan to take any further action without first obtaining leave from the

    Court. If Plaintiff is given leave, the first action Plaintiff will take will be to contact the subscriber identified by Verizon Online.

    Case4:11-cv-02533-DMR Document32-1

    Filed12/01/11 Page2 of 2

    1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

    4.

    If Plaintiff is able to successfully reach the subscriber, Plaintiff will inform the

    subscriber of the litigation, and listen to what the subscriber has to say in response. Based on that response, Plaintiff may extend an offer of settlement to the subscriber or drop the case altogether. 5. Alternatively, Plaintiff may also decide to name and serve the subscriber or another

    individual with process and proceed against them in this litigation. 6. If, however, Plaintiff is unable to determine the identity of the actual infringer of its

    copyrighted work, Plaintiff may need to ask leave of the Court to take further discovery. 7. I declare under penalty of perjury that the foregoing is true and correct based on my

    own personal knowledge, except for those matters stated on information and belief, and those matters I believe to be true. If called upon to testify, I can and will competently testify as set forth above.

    DATED: December 1, 2011 By: ____/s/ Brett L. Gibbs, _______

    2 DECLARATION OF BRETT L. GIBBS SUPPORTING PLAINTIFFS APPLICATION No. C-11-02533 DMR

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