MCGIP, LLC v. Does 1-9

Filing 8

ORDER by Judge Edward M. Chen granting 6 Ex Parte Application for leave to take discovery prior to rule 26(f) conference (bpf, COURT STAFF) (Filed on 5/18/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MCGIP, LLC,

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Plaintiff,
v.

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For the Northern District of California

United States District Court

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No. C-11-2262 EMC

DOES 1-9,

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ORDER GRANTING PLAINTIFF’S EX
PARTE APPLICATION FOR LEAVE TO
TAKE EXPEDITED DISCOVERY

Defendants.
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(Docket No. 6)
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The Court has reviewed Plaintiff’s ex parte application for leave to take expedited discovery.

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Good cause appearing therefor and for the reasons cited in Plaintiff’s application, said application is

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GRANTED. See UMG Recordings v. Does 1-4, 64 Fed. R. Serv. 3d 305 (N.D. Cal. 2006). Plaintiff

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is hereby authorized to serve Rule 45 subpoenas and a copy of this order upon each and every

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Internet Service Provider (“ISP”) identified in Exhibit A attached to the complaint. The information

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sought shall be limited to information sufficient to identify each Defendant based on supplied IP

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address, including name, current (and permanent) address, telephone number, e-mail address, and

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Media Access Control address.

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Each ISP so served shall, in turn, serve a copy of the subpoena and a copy of this order upon

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the subscriber (whose identity is sought through the subpoena and for whom Plaintiff has provided

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an IP address) within ten (10) days of the ISP’s receipt of the subpoena. The subscribers shall then

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have 30 days from the date of service upon them to file any objections with this Court. If that 30-

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day period elapses without any subscriber filing an objection or a motion to quash, the ISP served

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with the subpoena shall have ten (10) days after said lapse to produce each subscriber’s name,

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address, telephone number, e-mail address, and Media Access Control addresses to Plaintiff

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pursuant to the subpoena.

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The Court further orders that any information disclosed to Plaintiff in response to a Rule 45

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subpoena may be used by Plaintiff solely for the purpose of prosecuting this litigation. Plaintiff and

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any entity which receives a subpoena shall confer, if necessary, with respect to the issue of payment

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for the information requested in the subpoena. If any entity subpoenaed pursuant to this order

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wishes to move to quash the subpoena, it must do so before the return date of the subpoena, which

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shall be thirty (30) days from the date of service. It is ordered that the subpoenaed entity shall

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preserve any subpoenaed information pending the resolution of any timely filed motion to quash.
This order disposes of Docket No. 6.

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For the Northern District of California

United States District Court

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IT IS SO ORDERED.

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Dated: May 18, 2011

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_________________________
EDWARD M. CHEN
United States District Judge

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