Camelot Distribution Group, Inc. v. Does

Filing 6

EX PARTE APPLICATION to Shorten Time for Hearing to 3/16/11 of Motion to Expedite Discovery filed by Plaintiff Camelot Distribution Group, Inc.. (Attachments: # 1 Proposed Order)(Plamondon, Scott)

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Camelot Distribution Group, Inc. v. Does Doc. 6 Att. 1 1 2 3 4 5 6 7 8 9 10 weintraub genshlea chediak 11 12 13 14 LAW CORPORATION Scott Hervey, State Bar No. 180188 Scott M. Plamondon, State Bar No. 212294 weintraub genshlea chediak a law corporation 400 Capitol Mall, 11th Floor Sacramento, CA 95814 (916) 558-6000 ­ Main (916) 446-1611 ­ Facsimile Attorneys for Plaintiff Camelot Distribution Group, Inc. IN THE UNITED STATES DISTRICT COURT IN AND FOR THE CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION CAMELOT DISTRIBUTION GROUP, INC., Plaintiff, vs. DOES 1 through 5865, inclusive, Defendants. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ) ) ) ) ) ) ) ) ) ) ) Case No.: CV11-01949 DDP (FMOx) [PROPOSED] ORDER ON PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME FOR A HEARING ON MOTION TO EXPEDITE DISCOVERY In accordance with the accompanying Memorandum Opinion, it is, this ____ day of ________________, 2011, hereby ORDERED that Plaintiff's Motion to Expedite Discovery is GRANTED; it is further ORDERED that Plaintiff is allowed to serve immediate discovery on the internet service providers (ISPs) to obtain the identity of each DOE Defendant by serving a Rule 45 subpoena that seeks information sufficient to identify each Defendant, including name, current (and permanent) addresses, telephone numbers, email addresses, and Media Access Control addresses; it is further ORDERED that Plaintiff is allowed to serve a Rule 45 subpoena in the same manner as 1 [Proposed] Order re Plaintiff's Ex Parte Application for OST to Hear Motion to Expedite Discovery {1293583.DOC;} Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 weintraub genshlea chediak 11 12 13 14 LAW CORPORATION above to any ISP that is identified in response to a subpoena as a provider of internet services to one of the DOE Defendants; it is further ORDERED any information disclosed to Plaintiff in response to a Rule 45 subpoena may be used by Plaintiff solely for the purpose of protecting Plaintiff's rights as set forth in its Complaint; it is further ORDERED that if and when an ISP is served with a subpoena, the ISP shall give written notice, which may include email notice, to the subscribers in question within five business days; it is further ORDERED that if the ISP and/or any Defendant wants to move to quash the subpoena, the party must do so before the return date of the subpoena, which shall be 25 days from the date of service; it is further ORDERED that the ISP shall preserve any subpoenaed information pending the resolution of any timely filed motion to quash; and it is further ORDERED that Plaintiff shall provide each ISP with a copy of this Order and accompanying Memorandum Opinion along with its subpoena. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: Hon. Fernando M. Olguin Magistrate Judge, US District Court Central District of California, Western Division {1293583.DOC;} 2 [Proposed] Order re Plaintiff's Ex Parte Application for OST to Hear Motion to Expedite Discovery

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