R & D Film 1, LLC v. Does 1-46

Filing 8

ORDER ORDER QUASHING SUBPOENA by Judge Robert S. Lasnik; The subpoena issued to Comcast regarding IP address 76.121.42.83 is QUASHED as moot. (TF) cc: Jerry and Wendy Mulder

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 R&D FILM 1, LLC, 9 Plaintiff, Case No. C13-0050RSL 10 11 v. ORDER QUASHING SUBPOENA DOES 1 - 46, 12 Defendants. 13 14 15 This matter comes before the Court on a letter request seeking to quash a 16 subpoena issued to Comcast in the above-captioned matter. Dkt. # 6. The subpoena 17 appears to be moot as it relates to IP address 76.121.42.83. The Court granted leave for 18 preliminary discovery for the purpose of identifying the Doe defendants: that purpose has 19 now been accomplished insofar as Jerry and Wendy Mulder are concerned. Plaintiff has 20 the information it needs to serve Doe 10. 21 Quashing the subpoena will not preclude this action for copyright 22 infringement. To the contrary, the case will officially begin with personal service of the 23 complaint, at which point defendant will have the opportunity to respond to the merits of 24 plaintiff’s claims.1 25 26 1 If and when service is accomplished on the Mulders, they may want to review Fed. R. Civ. P. 12 when evaluating his options for presenting defenses and objections. ORDER QUASHING SUBPOENA - 1 1 2 For all of the foregoing reasons, the subpoena issued to Comcast regarding IP address 76.121.42.83 is QUASHED as moot. 3 4 Dated this 2nd day of May, 2013. 5 A 6 Robert S. Lasnik United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER QUASHING SUBPOENA - 2