Malibu Media, LLC v. John Doe subscriber assigned IP address 71.193.37.58

Filing 27

ORDER signed by Magistrate Judge Kendall J. Newman on 6/13/17 ORDERING that Plaintiff's MOTION 26 is GRANTED. Plaintiff may serve on Comcast a subpoena.(Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Sacramento

11 MALIBU MEDIA, LLC,
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Plaintiff,

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15 VICTOR HERSHBERGER,
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Case Number: 2:16-cv-00330-JAM-KJN

Defendant.

ORDER REGARDING PLAINTIFF’S
MOTION FOR ENTRY OF AN ORDER
AUTHORIZING PLAINTIFF TO SERVE
A THIRD PARTY SUBPOENA ON
COMCAST AND AUTHORIZING
COMCAST TO RELEASE CERTAIN
SUBSCRIBER INFORMATION ABOUT
DEFENDANT

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Presently pending before the court is a Motion For Entry of an Order Authorizing

20 Plaintiff to Serve a Third Party Subpoena on Comcast and Authorizing Comcast to Release
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Certain Subscriber Information About Defendant (the “Motion”). (ECF No. 26.) Defendant
does not oppose the motion. (ECF No. 26 at 9.) After carefully considering the written briefing

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and the court’s record, IT IS HEREBY ORDERED that:
1. Plaintiff’s Motion (ECF No. 26) is GRANTED.
2. Plaintiff may serve on Comcast a subpoena seeking the following information
through the production of documents and deposition testimony:
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Order Granting Plaintiff’s Motion For Entry of an Order Authorizing Plaintiff to Serve a Third
Party Subpoena on Comcast and Authorizing Comcast to Release Certain Subscriber Information
About Defendant
Case No.: 2:16-cv-00330-JAM-KJN

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(a)

Any and all document(s) that refers, relates to or comprises a record that the
Defendant received a DMCA notice within the applicable Time Period (March 17,
2014 through December 8, 2015), pursuant to 17 U.S.C. 512(c)(1)(C), including
but not limited to the DMCA record;

(b)

Any and all document(s) that refers, relates to or comprises a record that the
Defendant received a copyright infringement notice forwarded by Comcast within
the applicable Time Period, pursuant to any copyright infringement alert system or
any other internal procedure which Comcast follows;

(c)

Any and all document(s) that refers, relates to or comprises a record that Comcast
notified Defendant of the instant lawsuit;

(d)

Any and all document(s) that refers, relates to or comprises a record of Comcast’s
lease or rental of any electronic devices to Defendant within the applicable Time
Period. This includes any documentation which state the make, model number,
and serial numbers of any and all modems and routers which Comcast leased to
Defendant;

(e)

Any and all document(s) that refers, relates to or comprises a record of Comcast’s
policies and procedures regarding the installation and maintenance of passwords
on a subscriber’s modem or router;

(f)

Any and all document(s) that refers, relates to or comprises a record of Comcast’s
policies and procedures of correlating internet subscribers to IP addresses, and any
information regarding the accuracy of such correlations.

(g)

Any and all document(s) that refers, relates to or comprises a record that the
Defendant was the internet subscriber assigned IP Address 71.193.37.58 on
December 8, 2015 at 04:39:01 UTC.

(h)

Any and all document(s) that refers, relates to or comprises a record that Comcast
advised Defendant that he change his password on his modem, router, or Comcast
account since Defendant’s IP address may have been compromised.

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3. Prior to noticing any oral deposition of Comcast, the parties shall meet and confer in
good faith with each other and Comcast regarding convenient dates as well as the

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potential for less burdensome means of securing needed information or evidence,
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such as obtaining appropriate declarations, securing stipulations, and/or conducting a
deposition by written questions.

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IT IS SO ORDERED.

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Dated: June 13, 2017

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2
Order Granting Plaintiff’s Motion For Entry of an Order Authorizing Plaintiff to Serve a Third
Party Subpoena on Comcast and Authorizing Comcast to Release Certain Subscriber Information
About Defendant
Case No.: 2:16-cv-00330-JAM-KJN