Patrick Collins, Inc. v. Does 1-2590

Filing 23

ORDER FOR PLAINTIFF TO RESPOND re 22 MOTION to Quash filed by Bobbie Jean Thomas. Signed by Judge Maria-Elena James on 11/7/2011. (cdnS, COURT STAFF) (Filed on 11/7/2011)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 Northern District of California 8 9 PATRICK COLLINS, INC., No. C 11-2766 MEJ 10 Plaintiff, v. 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 DOES 1-2,590, 13 ORDER RE MOTION TO QUASH (DOE DEFENDANT NO. 2590) Defendants. _____________________________________/ Docket No. 22 14 15 On June 7, 2011, Plaintiff Patrick Collins, Inc. filed this lawsuit against 2,590 Doe 16 Defendants, alleging that Defendants illegally reproduced and distributed a work subject to 17 Plaintiff’s exclusive license, (“Real Female Orgasms 10”), using an internet peer-to-peer file sharing 18 network known as BitTorrent, thereby violating the Copyright Act, 17 U.S.C. § 101-1322. Compl. 19 ¶¶ 6-15, Dkt. No. 1. On September 22, 2011, the Court granted Plaintiff’s Application for Leave to 20 Take Limited Expedited Discovery. Dkt. No. 12. The Court permitted Plaintiff to serve subpoenas 21 on Does 1-2,590’s Internet Service Providers (“ISPs”) by serving a Federal Rule of Civil Procedure 22 45 subpoena that seeks information sufficient to identify the Doe Defendants, including the name, 23 address, telephone number, and email address of Does 1-2,590. Id. at 11. Once the ISPs provided 24 Does 1-2,590 with a copy of the subpoena, the Court permitted Does 1-2,590 30 days from the date 25 of service to file any motions contesting the subpoena (including a motion to quash or modify the 26 subpoena). Id. 27 28 Now before the Court is a Motion to Quash, filed by Doe Defendant No. 2590. Dkt. No. 22. The Court hereby ORDERS Plaintiff to either: (1) file a voluntary dismissal without prejudice of 1 Doe Defendant No. 2590; or (2) show cause why the Court should not grant Doe’s motion to 2 dismiss. Plaintiff shall file its response by November 17, 2011. 3 IT IS SO ORDERED. 4 5 Dated: November 7, 2011 _______________________________ Maria-Elena James Chief United States Magistrate Judge 6 7 8 9 10 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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