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govinfo:USCOURTS-cand-4_26-cv-00159-0
Plaintiff’s Ex-Parte Application for Extension to Effectuate Service and for
Continuance of the Initial Case Management Conference
Case No. 4:26-cv-00159-YGR
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L
incoln D. Bandlow, Esq. (CA #170449)
lincoln@bandlowlaw.com
Law Offices of Lincoln Bandlow, PC
1801 Century Park East, Suite 2400
Los Angeles, CA 90067
Tel.: (310) 556-9680
Fax: (310) 861-5550
A
ttorney for Plaintiff
Strike 3 Holdings, LLC
UNI
TED STATES DISTRICT COURT
NO
RTHERN DISTRICT OF CALIFORNIA
O
AKLAND DIVISION
STRIKE 3 HOLDINGS, LLC,
Plaintiff,
vs.
JOHN DOE subscriber assigned IP address
70.235.143.45,
Defendant.
Case Number: 4:26-cv-00159-YGR
Honorable Yvonne Gonzalez Rogers
PLAINTIFF’S EX-PARTE
APPLICATION FOR EXTENSION OF
TIME WITHIN WHICH TO
EFFECTUATE SERVICE ON JOHN
DOE DEFENDANT AND FOR
CONTINUANCE OF THE INITIAL
CASE MANAGEMENT CONFERENCE
Plaintiff, Strike 3 Holdings, LLC (“Plaintiff”), makes this ex-parte application for entry
of an order extending the time within which to effectuate service on John Doe Defendant and to
continue the Initial Case Management Conference currently scheduled for April 13, 2026, and
states:
1. This is a copyright infringement case against a John Doe Defendant known to
Plaintiff only by an IP address. Defendant’s true identity is known by their Internet service
provider (“ISP”).
2. On January 20, 2026, Plaintiff filed a Motion for Leave to Serve a Third-Party
Subpoena Prior to a Rule 26(f) Conference (“Motion”) on Defendant’s ISP.
Case 4:26-cv-00159-YGR Document 12 Filed 04/10/26 Page 1 of 4
Plaintiff’s Ex-Parte Application for Extension to Effectuate Service and for
Continuance of the Initial Case Management Conference
Case No. 4:26-cv-00159-YGR
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3. On February 24, 2026, Plaintiff was granted leave to serve a third-party
subpoena on Defendant’s ISP to obtain the Defendant’s identifying information. Plaintiff issued
the subpoena on or about March 9, 2026 and, in accordance with the time allowances provided
to both the ISP and the Defendant, expects to receive the ISP response on or about April 23,
2026.
4. Pursuant to the Court’s Initial Case Management Scheduling Order with ADR
Deadlines filed January 13, 2026, originally there was a Case Management Conference
scheduled for April 13, 2026 at 2:00 p.m. On February 23, 2026, the Clerk issued a notice
advancing the time of the April 13, 2026 conference to 11:00 a.m.
5. Pursuant to Fed. R. Civ. P. Rule 4(m), Plaintiff is required to effectuate service
on the Defendant no later than April 7, 2026. Because Plaintiff does not expect to receive the
ISP response until April 23, 2026, Plaintiff is unable to comply with the current deadline to
effect service of process.
6. Prior to the Initial Case Management Conference, the parties are required to
confer and submit to the Court a proposed Case Management Statement. Because Defendant’s
identity is currently unknown to Plaintiff, Plaintiff is unable to anticipate the specific
information required in the proposed Case Management Statement, including issues such as
timing, electronic discovery, or even whether Plaintiff will ultimately proceed against
Defendant.
7. For the foregoing reasons, Plaintiff respectfully requests that the time within
which it has to effectuate service of the summons and Complaint on Defendant be extended
sixty (60) days from April 23, 2026 (the date Plaintiff expects to receive the ISP response), and
thus the deadline to effect service be extended to June 22, 2026, and that the Initial Case
Management Conference currently scheduled for April 13, 2026 be continued to July 20, 2026
at 2:00 p.m., or a date thereafter convenient for the Court’s calendar. This extension should
allow Plaintiff time to receive the ISP response, conduct a further investigation to assist in
Case 4:26-cv-00159-YGR Document 12 Filed 04/10/26 Page 2 of 4
Plaintiff’s Ex-Parte Application for Extension to Effectuate Service and for
Continuance of the Initial Case Management Conference
Case No. 4:26-cv-00159-YGR
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determining whether the individual identified by the ISP is the appropriate defendant for this
action and, if a good faith basis continues to exist, to proceed against that individual, (or
someone else), amend the Complaint, file a redacted version of the amended complaint, file a
motion to be allowed to file unredacted versions of the amended complaint, summons and
return of service under seal to protect defendant’s potential privacy interests, and place the
summons and Amended Complaint with the process server to attempt service of process on the
Defendant.
8. This application is made in good faith and not for the purpose of undue delay.
9. This is Plaintiff’s first request for an extension and continuance of the Initial
Case Management Conference. None of the parties will be prejudiced by the granting of this
request.
WHEREFORE, Plaintiff respectfully requests that the time within which it has to
effectuate service of the summons and Complaint on Defendant be extended until June 22, 2026
and that the Initial Case Management Conference currently scheduled for April 13, 2026 be
continued to July 20, 2026 at 2:00 p.m., or a date soon thereafter convenient to the Court’s
calendar. A proposed order is attached for the Court’s convenience.
Dated: April 2, 2026 Respectfully submitted,
By: /s/ Lincoln D. Bandlow
Lincoln D. Bandlow, Esq.
Law Offices of Lincoln Bandlow, PC
Attorney for Plaintiff
Strike 3 Holdings, LLC
Case 4:26-cv-00159-YGR Document 12 Filed 04/10/26 Page 3 of 4
1
[Proposed] Order on Ex-Parte Application for Extension to Effectuate Service and
for Continuance of the Initial Case Management Conference
Case No. 4:26-cv-00159-YGR
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UNIT
ED STATES DISTRICT COURT
NORT
HERN DISTRICT OF CALIFORNIA
OAK
LAND DIVISION
STRIKE 3 HOLDINGS, LLC,
Plaintiff,
vs.
JOHN DOE subscriber assigned IP address
70.235.143.45,
Defendant.
Case Number: 4:26-cv-00159-YGR
Honorable Yvonne Gonzalez Rogers
[PROPOSED] ORDER ON
PLAINTIFF’S EX-PARTE
APPLICATION FOR EXTENSION OF
TIME WITHIN WHICH TO
EFFECTUATE SERVICE ON JOHN
DOE DEFENDANT AND FOR
CONTINUANCE OF THE INITIAL
CASE MANAGEMENT CONFERENCE
TH
IS CAUSE came before the Court upon Plaintiff’s ex-parte application for entry of
an Order extending the time within which to effectuate service on John Doe Defendant with a
summons and Complaint and continuance of the Initial Case Management Conference currently
scheduled for April 13, 2026, and the Court being duly advised in the premises does hereby:
ORDER AND ADJUDGE: Plaintiff’s application is granted. Plaintiff shall have until
June 22, 2026 to effectuate service of a summons and Complaint on Defendant and the Initial
Case Management Conference currently scheduled for April 13, 2026 is continued to July 20,
2026 at 2:00 p.m.
DONE AND ORDERED.
Dat
ed: ______________________ By: ____________________________
Un ited States District Judge
Hon. Yvonne Gonzalez Rogers
April 10, 2026
Case 4:26-cv-00159-YGR Document 12 Filed 04/10/26 Page 4 of 4