Request for more time B

Request for more time B

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 95-K-2143 RELIGIOUS TECHNOLOGY CENTER, a California non-profit corporation; and BRIDGE PUBLICATIONS, INC., a California non-profit corporation, Plaintiffs, V. F.A.C.T.NET, INC., a Colorado corporation; LAWRENCE WOLLERSHEIM, an individual; and ROBERT PENNY, an individual, Defendants. _________________________________________________________________ DEFENDANTS' REQUEST FOR CONTINUANCE OF MOTION OF PLAINTIFF BRIDGE PUBLICATIONS, INC. FOR SUMMARY JUDGMENT AGAINST ALL DEFENDANTS FOR COPYRIGHT INFRINGEMENT [Fed.R.Civ.P. 56(f)] _________________________________________________________________ COME NOW the defendants F.A.C.T.Net, Inc. and Lawrence Wollersheim, by and through their counsel, BEEM & MANN, P.C., and pursuant to Rule 56(f) of the Federal Rules of Civil Procedure, request this Court for orders to either (1) strike the renewed summary judgment motion of Plaintiff Bridge Publications, Inc.; or (2) a continuance of the motion for summary judgment filed by plaintiff Bridge Publications, Inc., ("BPI"), and as grounds therefore, state as follows: This Request is made pursuant to Rule 56(f) of the Federal Rules of Civil Procedure on the grounds that further discovery is vital to Defendants' Opposition to BPI's Motion. Specifically, Defendants need a continuance in order to pursue further discovery with respect to, at the very least, the following: 1. when and whether the various works at issue were published; 2. the identity of the author(s) of the various works at issue; 3. the circumstances and procedures surrounding the purported copyrighting of any of the various works at issue; 4. the circumstances surrounding the assignment and transfers of rights and claims by any and all persons in connection with any of the various works at issue, including L. Ron Hubbard's purported assignment of the works at issue; 5. BPI's previous release of Defendants from the conduct alleged in BPI's Motion; 6. the actual number of the various works at issue; 7. how the allegedly infringing works were uploaded on to Defendants' Bulletin Board in the first place; and 8. the fact of and extent of, revisions being made to any of the various works it issue. Further discovery on these issues is likely to establish controverting evidence as to material facts contained in BPI's motion. Moreover, Defendants have not been able to discover this information previously, despite Defendants' best efforts. Finally, this request is not made for purposes of delay, will not prejudice any party herein and will serve to further the interests of justice. This request is based upon this notice, the attached Memorandum of Points & Authorities, the concurrently filed Declarations of Graham E. Berry and exhibits thereto, Lawrence D. Wollersheim, Patricia Fisher and Vaughn Young, the concurrently filed Motion to Amend the Scheduling Order herein and to compel the deposition of David Miscavige and Memorandum of Points and Authorities in Support Thereof, the concurrently filed copy of Ex Parte Petition to Stay Proceedings [in the L. Ron Hubbard Probate Case], Supporting Declaration of Graham E. Berry and exhibits thereto, all pleadings and papers on file in this action, and upon such matters as properly may be presented to the Court on this request. BEEM & MANN, P.C. By____________________________ Clifford L. Beem, #917 Attorneys for Defendants - F.A.C.T.Net, Inc. and Lawrence Wollersheim One Norwest Center - Suite 3901 1700 Lincoln Street Denver, Colorado 80203 (303) 894-8100 MUSICK, PEELER & GARRETT, LLP Graham E. Berry Attorneys for Defendant F.A.C.T.Net, Inc. One Wilshire Boulevard 21st Floor Los Angeles, California 90017 (213) 629-7700 HAGENBAUGH & MURPHY Daniel A. Leipold Attorneys for Defendant 701 S. Parker Street Suite 8200 Orange, California 92668 (714) 835-5406 (..continued) -3- 0530730