Quad Int'l, Inc. v. Doe

Filing 8


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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 QUAD INT’L., INC., 9 United States District Court For the Northern District of California 10 11 12 No. C 12-05434 SI Plaintiff, ORDER GRANTING PLAINTIFF’S EX PARTE APPLICATION FOR LEAVE TO TAKE EXPEDITED DISCOVERY v. JOHN DOE, Defendant. / 13 14 Plaintiff has filed an ex parte application seeking leave to take expedited discovery. Dkt.7. 15 Having considered plaintiff’s papers, the Court hereby GRANTS the ex parte application and finds that 16 plaintiff has demonstrated good cause to take expedited discovery. See Semitool, Inc. v. Tokyo Electron 17 Am., Inc., 208 F.R.D. 273, 276 (N.D. Cal. 2002). Plaintiff has no other way to obtain the identity of 18 defendant, which is necessary to permit plaintiff to effect service of process. Hansmeier Decl. ¶ 32. 19 In addition, expedited discovery is appropriate because Internet Service Providers (“ISPs”) typically 20 retain user activity logs for only a short period of time before destroying the information. Id. ¶ 29. 21 Plaintiff is granted leave to serve a Federal Rule of Civil Procedure 45 subpoena on Comcast 22 Cable Communications LLC and other ISPs seeking the name, address, telephone number, e-mail 23 address, and Media Access Control address of the subscriber(s) assigned to IP address 24 The ISPs shall serve a copy of the subpoena and a copy of this Order upon the subscriber(s) within five 25 days of receipt of the subpoena. The subscriber(s) shall then have 15 days from the date of service upon 26 them to file any objections with this Court. If that 15-day period elapses without a subscriber filing an 27 objection or a motion to quash, the ISPs shall have 10 days after said lapse to produce the information 28 to plaintiff pursuant to the subpoena. The ISPs shall preserve any subpoenaed information pending the 1 resolution of any objection or motion to quash. 2 3 IT IS SO ORDERED. 4 5 Dated: November 6, 2012 SUSAN ILLSTON United States District Judge 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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