AF Holdings LLC v. John Doe

Filing 20

ORDER signed by Magistrate Judge Gregory G. Hollows on 10/4/12 ORDERING that 19 Defendant Doe's Revised Motion to Quash is DENIED without prejudice. The Clerk is directed to serve this order on Comcast Cable Communications LLC (Comcast) or any other entity identified as providing internet services to John Doe at the IP address 67.182.119.178. Comcast, or any other ISP subpoenaed pursuant to this order, shall in turn serve a copy of this order upon the subscriber (John Doe) within 30 days from the date of service upon it. The ISP(s) may serve the subscriber using any reasonable means, including written notice sent to the subscribers last known address, transmitted either by first-class mail or via overnight service. (Kastilahn, A)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 AF HOLDINGS LLC, 11 12 13 Plaintiff, CIV. NO. S-12-1066 GEB GGH Defendant. ORDER vs. JOHN DOE, 14 15 / 16 Presently before the court is defendant John Doe’s third motion to quash 17 subpoena, and request for clarification of this court’s prior orders. This motion is denied as it is 18 in contravention of this court’s prior orders, issued July 17 and August 22, 2012, both of which 19 denied John Doe’s previous motions to quash. 20 In regard to Doe’s request for clarification, he is informed that he has two choices. 21 He can either identify himself and have the court entertain his motion to quash, which will indeed 22 have the same effect as granting, in part,1 plaintiff’s motion for expedited discovery. Or, 23 defendant can elect to stop his attempts to quash discovery, and wait to see if plaintiff is able to 24 determine his identity through discovery. Defendant is informed for the last time that he will not 25 1 26 The application for expedited discovery also seeks John Doe’s address, telephone number and e-mail address. 1 1 be able to litigate his motion anonymously in order to protect a litigation advantage, i.e., if he 2 wins the motion, he will not be identified, and if he loses the motion, he will not be directly 3 identified at that time. The court will not take the position at this time that plaintiff’s claims are 4 frivolous and that defendant requires protection from them. While such an outcome is a 5 possibility, it would be entirely improper to prejudge the outcome at this point. 6 7 Accordingly, IT IS ORDERED that: 8 1. Defendant Doe’s revised motion to quash subpoena, filed September 27, 2012, 9 10 (dkt. no. 19), is denied without prejudice. 2. The Clerk of the Court is directed to serve this order on Comcast Cable 11 Communications LLC (“Comcast”) or any other entity identified as providing internet services to 12 John Doe at the IP address 67.182.119.178. Comcast, or any other ISP subpoenaed pursuant to 13 this order, shall in turn serve a copy of this order upon the subscriber (John Doe) within 30 days 14 from the date of service upon it. The ISP(s) may serve the subscriber using any reasonable 15 means, including written notice sent to the subscriber’s last known address, transmitted either by 16 first-class mail or via overnight service. 17 DATED: October 4, 2012 18 19 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 GGH:076/AFHoldings1066.mtnqua3.wpd 25 26 2

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