AF Holdings LLC v. Doe

Filing 10

ORDER GRANTING AS MODIFIED 9 Ex Parte Application For Leave to Take Expedited Discovery. Signed by Judge JEFFREY S. WHITE on 7/13/12. (jjoS, COURT STAFF) (Filed on 7/13/2012)

Case3:12-cv-03251-JSW Document9-3 Filed06/30/12 Page1 of 2

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Brett L. Gibbs, Esq. (SBN 251000)
Of Counsel to Prenda Law Inc.
38 Miller Avenue, #263
Mill Valley, CA 94941
415-325-5900
[e-mail]

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Attorney for Plaintiff
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IN THE UNITED STATES DISTRICT COURT FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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AF HOLDINGS LLC,

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Plaintiff,
v.
JOHN DOE,

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Defendant.

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Case No. 3:12-cv-03251-JSW

[PROPOSED] ORDER GRANTING
PLAINTIFF’S EX PARTE
APPLICATION FOR LEAVE TO TAKE
EXPEDITED DISCOVERY
AS MODIFIED HEREIN

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

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The Court has reviewed the Complaint with attached Exhibits, Plaintiff’s Ex Parte

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Application for Leave to Take Expedited Discovery and all the papers filed in connection with the

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motion, and relevant case law. Accordingly, it is hereby

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ORDERED that Plaintiff’s Ex Parte Application for Leave to Take Discovery is GRANTED;
it is further

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ORDERED that Plaintiff may immediately serve Rule 45 subpoena(s) to identify John Doe

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associated with Internet Protocol (“IP”) address listed in the Complaint, which are limited to the

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following categories of entities and information:

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From Internet Service Provider (ISP) identified in Plaintiff’s Ex Parte Application for

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Leave to Take Expedited Discovery and any other entity identified as a provider of

Case3:12-cv-03251-JSW Document9-3 Filed06/30/12 Page2 of 2

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Internet services to John Doe in response to a subpoena or as a result of ongoing

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BitTorrent activity monitoring: information sufficient to identify John Doe associated

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with IP address listed in the Complaint, including name, current (and permanent)

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address, telephone number, e-mail address, and Media Access Control address; it is

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further

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ORDERED any information disclosed to the Plaintiff in response to a Rule 45 subpoena may

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be used by the Plaintiff solely for the purpose of protecting Plaintiff’s rights as set forth in its

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Complaint; it is further

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ORDERED that Plaintiff and any entity which receives a subpoena shall confer, if necessary,

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with respect to the issue of payment for the information requested in the subpoena or for resolution

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of IP addresses which are not controlled by such entity, duplicate IP addresses that resolve to the

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same individual, other IP addresses that do not provide the name and other information requested of

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a unique individual, or for the entity’s internal costs to notify its customers; it is further

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ORDERED that any entity which receives a subpoena and elects to charge for the costs of

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production shall provide a billing summary and any cost reports that serve as a basis for such

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billing summary and any costs claimed by such entity; it is further

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ORDERED that Plaintiff shall serve a copy of this Order along with any subpoenas issued
pursuant to this Order; it is further
ORDERED that if any entity subpoenaed pursuant to this Order wishes to move to quash the

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subpoena, it must do so before the return date of the subpoena, which shall be 30 days from the date
IT IS FURTHER ORDERED that, if after receiving notice of the subpoena, any defendant
of service;
wishes to move to quash, that defendant also must do so before the return date of the subpoena.
Finally, it is ORDERED that the subpoenaed entity shall preserve any subpoenaed

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information pending the resolution of any timely-filed motion to quash;

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July 13, 2012
DATED: _________________

_________________________
United States District Judge

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[PROPOSED] ORDER GRANTING APPLICATION FOR EXPEDITED DISCOVERY

No. 3:12-cv-03251-JSW