First Time Videos, LLC v. Does 1-95

Filing 24

ORDER Status Report due by 12/8/2011.. Signed by Judge Maria-Elena James on 12/1/2011. (cdnS, COURT STAFF) (Filed on 12/1/2011)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 Northern District of California 6 7 FIRST TIME VIDEOS, LLC, No. C 11-3822 MEJ 8 Plaintiff, 9 v. DOES 1-95, 11 Defendants. _____________________________________/ 12 For the Northern District of California UNITED STATES DISTRICT COURT 10 ORDER FOR PLAINTIFF TO FILE DECLARATION RE: CASE STATUS On August 3, 2011, Plaintiff First Time Videos, LLC filed this lawsuit against 95 Doe 13 Defendants, alleging that Defendants illegally reproduced and distributed a work subject to 14 Plaintiff’s exclusive license, (“FTV Danielle: Candid Series - My Amateur Hardcore”), using an 15 internet peer-to-peer file sharing network known as BitTorrent, thereby violating the Copyright Act, 16 17 U.S.C. § 101-1322. First Am. Compl. ¶¶ 7, 24, 29, Dkt. No. 6. On October 7, 2011, the Court 17 granted Plaintiff’s Application for Leave to Take Limited Expedited Discovery. Dkt. No. 9. The 18 Court permitted Plaintiff to serve subpoenas on Does 1-95’s Internet Service Providers (“ISPs”) by 19 serving a Federal Rule of Civil Procedure 45 subpoena that seeks information sufficient to identify 20 the Doe Defendants, including the name, address, telephone number, and email address of Does 121 95. Once the ISPs provided Does 1-95 with a copy of the subpoena, the Court permitted Does 1-95 22 30 days from the date of service to file any motions contesting the subpoena (including a motion to 23 quash or modify the subpoena). 24 Since granting Plaintiff’s request, a check of the Court’s docket disclosed that no defendant 25 has appeared and no proof of service has been filed. Further, the Court is aware that this case is but 26 one of the many “mass copyright” cases to hit the dockets of federal district courts across the 27 country in recent months. Like in this case, after filing the suit, the plaintiff seeks discovery from 28 ISPs who 1 possess subscriber information associated with each IP address. With the subscriber information in 2 hand, the court is told, the plaintiff can proceed to name the defendants in the conventional manner 3 and serve each defendant, so that the case may proceed to disposition. This disposition might take 4 the form of settlement, summary judgment, or if necessary, trial. In most, if not all, of these cases, if 5 the plaintiff is permitted the requested discovery, none of the Doe defendants are subsequently 6 named in the cases; instead, the plaintiff’s counsel sends settlement demand letters and the 7 defendants are subsequently dismissed either by the Court or voluntarily by the plaintiff. 8 9 As Plaintiff in this case has yet to name a single Doe Defendant, the Court hereby ORDERS Plaintiff’s counsel to file a declaration which provides the following information: Each Doe Defendant listed separately by number and IP address; 2) The Doe Defendant’s ISP; 12 For the Northern District of California 1) 11 UNITED STATES DISTRICT COURT 10 3) The date on which Plaintiff served the order granting discovery on the ISP; 13 4) The date on which the ISP served the subpoena on the Doe Defendant; 14 5) Whether the ISP has provided the Doe Defendant’s identifying information and, if provided, the date on which it was provided to Plaintiff; 6) If Plaintiff has obtained the Doe Defendant’s identifying information, an explanation as to why the defendant has not been named and why no proof of service has been filed, as well as why the Court should not dismiss the defendant pursuant to Federal Rule of Civil Procedure 4(m); and 7) If Plaintiff has obtained the Doe Defendant’s identifying information and the location is outside of the Northern District of California, why the Court should not dismiss the Doe Defendant for lack of jurisdiction and/or improper venue. 15 16 17 18 19 20 Plaintiff shall file its status report by December 8, 2011. 21 IT IS SO ORDERED. 22 23 Dated: December 1, 2011 _______________________________ Maria-Elena James Chief United States Magistrate Judge 24 25 26 27 28 2

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