Malibu Media, LLC v. John Doe subscriber assigned IP address 76.220.64.163

Filing 6

ORDER signed by Chief Judge Morrison C. England, Jr. on 3/8/2016 GRANTING 4 Ex Parte Application for leave to serve third party subpoena prior to a Rule 26(f) conference. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Sacramento

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MALIBU MEDIA, LLC,

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Plaintiff,

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vs.

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JOHN DOE subscriber assigned IP
address 76.220.64.163,

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Case Number: 2:15-cv-02714-MCE-EFB
ORDER ON EX-PARTE MOTION FOR
LEAVE TO SERVE THIRD PARTY
SUBPOENA PRIOR TO A RULE 26(f)
CONFERENCE

Defendant.

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THIS CAUSE came before the Court upon Plaintiff’s Motion for Leave to Serve

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a Third Party Subpoena Prior to a Rule 26(f) Conference (the “Motion”), and the Court

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being duly advised in the premises does hereby:

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FIND, ORDER AND ADJUDGE:

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1.

Plaintiff established that “good cause” exists for it to serve a third party

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subpoena on AT&T Internet Services (hereinafter the “ISP”).

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Inc. v. Doe, 2008 WL 4104214, *4 (N.D. Cal. 2008); and Arista Records LLC v. Does 1-

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19, 551 F. Supp. 2d 1, 6-7 (D.D.C. 2008).

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2.

See UMG Recording,

Plaintiff may serve the ISP with a Rule 45 subpoena commanding the ISP

to provide Plaintiff with the true name and address of the Defendant to whom the ISP
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Order On Ex-Parte Motion for Leave to Serve Third Party Subpoena Prior to a Rule 26(f)
Conference
Case No. 2:15-cv-02714-MCE-EFB

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assigned an IP address as set forth on Exhibit A to the Complaint. Plaintiff shall attach

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to any such subpoena a copy of this Order.

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3.

Plaintiff may also serve a Rule 45 subpoena in the same manner as

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above on any service provider that is identified in response to a subpoena as a

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provider of Internet services to one of the Defendants.

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4.

If the ISP qualifies as a “cable operator,” as defined by 47 U.S.C. §

522(5), which states:

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the term “cable operator” means any person or group of persons

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(A) who provides cable service over a cable system and directly or

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through one or more affiliates owns a significant interest in such

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cable system, or

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(B) who otherwise controls or is responsible for, through any

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arrangement, the management and operation of such a cable

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system.

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it shall comply with 47 U.S.C. § 551(c)(2)(B), which states:

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A cable operator may disclose such [personal identifying] information if

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the disclosure is . . . made pursuant to a court order authorizing such

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disclosure, if the subscriber is notified of such order by the person to

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whom the order is directed.

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by sending a copy of this Order to the Defendant.
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Plaintiff may only use the information disclosed in response to a Rule 45

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subpoena served on the ISP for the purpose of protecting and enforcing Plaintiff’s

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rights as set forth in its Complaint.

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IT IS SO ORDERED.

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Dated: March 8, 2016

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Order On Ex-Parte Motion for Leave to Serve Third Party Subpoena Prior to a Rule 26(f)
Conference
Case No. 2:15-cv-02714-MCE-EFB