AF Holdings LLC v. John Doe

Filing 15

ORDER signed by Magistrate Judge Gregory G. Hollows on 8/21/12 DENYING 13 Motion to Quash without prejudice. The Clerk of the Court is directed to serve Comcast Cable Communications LLC. Comcast, or any other ISP subpoenaed pursuant to this order, shall serve a copy of this order upon the subscriber within 30 days. (Manzer, C)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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AF HOLDINGS LLC,

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Plaintiff,

Defendant.

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CIV. NO. S-12-1066 GEB GGH

ORDER

vs.
JOHN DOE,

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/

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Presently before the court is defendant John Doe’s “revised motion to quash or

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vacate subpoena,” filed August 7, 2012. Defendant has not noticed the motion for hearing.

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Defendant continues to decline to identify himself, despite the order of July 17, 2012, denying his

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motion to quash without prejudice. The court is unable to address the merits of the motion

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without defendant first identifying himself. Defendant’s amended motion indicates that he may

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not have understood the meaning of that order. The court may only consider a future motion to

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quash if defendant states his name in an amended motion to quash. If he does so, then the court

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will consider the merits of his motion.

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Accordingly, for the reasons stated in the order of July 17, 2012, IT IS ORDERED

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that:

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1. Defendant Doe’s revised motion to quash subpoena, filed August 7, 2012, (dkt.
no. 13), is denied without prejudice.
2. The Clerk of the Court is directed to serve this order on Comcast Cable

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Communications LLC (“Comcast”) or any other entity identified as providing internet services to

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John Doe at the IP address 67.182.119.178. Comcast, or any other ISP subpoenaed pursuant to

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this order, shall in turn serve a copy of this order upon the subscriber (John Doe) within 30 days

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from the date of service upon it. The ISP(s) may serve the subscriber using any reasonable

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means, including written notice sent to the subscriber’s last known address, transmitted either by

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first-class mail or via overnight service.

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DATED: August 21, 2012

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:076/AFHoldings1066.mtnqua2.wpd

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