counsel in USDC 2015
015, via an Order to Show Cause. (Dkt. Nos. 5-13.) On June 18, 2015, the Court granted
Plaintiffs' Order to Show Cause and authorized service on the
Defendants via email.
During the following
the Plaintiffs served the Website Defendants via email and
Elbakyan via email and postal mail.
On July 7,
Part One Judge,
the Honorable Ronnie Abrams,
held a telephone conference with the Plaintiffs
during which Elbakyan acknowledged receiving the
papers concerning this case and declared that she did not intend
to obtain a lawyer.
Judge Abrams issued an Order directing Elbakyan to
notify the Court whether she wished assistance in obtaining pro
and advising her that while she could proceed pro
the Website Defendants,
not being natural persons,
obtain counsel or risk default.
telephonic conference was held on July 14 ,
3 6. )
Elbakyan stated that she needed additional time to find a
( See Transcript,
4 2. )
Judge Abrams granted
but warned Elbakyan th�t "you have to move quickly
both in attempting to retain an attorney and you' ll have to
stick to the schedule that is set once it' s set. "
After the telephone conference,
at 6. )
Judge Abrams issued another
Order setting the preliminary injunction hearing for September
1 6 and directing Elbakyan to inform the Court by July 21 if she
wished assistance in obtaining pro bono counsel.
4 0. )
The motion for a preliminary injunction was heard on
September 1 6,
None of the Defendants appeared at the
although Elbakyan sent a two-page letter to the court
the day before.
Preliminary injunctions are "extraordinary and drastic
that should not be granted unless the movant,
carries the burden of persuasion. "
5 20 U. S.
district court may,
In a copyright case,
at its discretion,
grant a preliminary
injunction when the plaintiffs demonstrate 1) a likelihood of
success on the merits,
2) irreparable harm in the absence of an
3) a balance of the hardships tipping in their
and 4 ) that issuance of an in
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