Patrick Collins, Inc. v. Does 1-2590

Filing 65

ORDER TO SHOW CAUSE RE: DKT. NOS. 48-50 Show Cause Response due by 12/6/2011.. Signed by Judge Maria-Elena James on 12/1/2011. (cdnS, COURT STAFF) (Filed on 12/1/2011)

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,
11
12

DOES 1-2,590,

13

ORDER TO SHOW CAUSE

v.

Defendants.
_____________________________________/

For the Northern District of California

UNITED STATES DISTRICT COURT

Re: Docket Nos. 48-50

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 are motions to quash and dismiss, filed by potential Doe Defendant

1

Steven Douglas Buchanan, from ISP Qwest-Century Link.1 Dkt. Nos. 48-50. Upon review of Mr.

2

Buchanan’s motions, it appears that jurisdiction is lacking and venue is improper. Accordingly, the

3

Court ORDERS Plaintiff to show cause why Mr. Buchanan should not be dismissed. Plaintiff shall

4

file a declaration by December 6, 2011.

5

IT IS SO ORDERED.

6
7

Dated: December 1, 2011
_______________________________
Maria-Elena James
Chief United States Magistrate Judge

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

1

Although Mr. Buchanan filed a motion to proceed anonymously, the Court finds any such
order unnecessary as Plaintiff may not use any information obtained from this case against him
unless the Court orders otherwise.
2

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

1
2
3
PATRICK COLLINS INC,

Case Number: CV11-02766 MEJ

4
Plaintiff,
5

CERTIFICATE OF SERVICE
v.

6
DOES 1-2590 et al,
7
Defendant.
8
9
10

12
For the Northern District of California

UNITED STATES DISTRICT COURT

11

/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on December 1, 2011, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said
envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle
located in the Clerk's office.

13
14
15
16
17
18

Steven Douglas Buchanan
22026 N 33rd Drive
Phoenix, AZ 85027
Dated: December 1, 2011
Richard W. Wieking, Clerk
By: Brenda Tolbert, Deputy Clerk

19
20
21
22
23
24
25
26
27
28
3