Quad Int'l, Inc. v. Doe

Filing 8

ORDER GRANTING PLAINTIFF'S EX PARTE APPLICATION FOR LEAVE TO TAKE EXPEDITED DISCOVERY 7 (Illston, Susan) (Filed on 11/6/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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QUAD INT’L., INC.,

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United States District Court
For the Northern District of California

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No. C 12-05434 SI

Plaintiff,

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

v.
JOHN DOE,
Defendant.

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Plaintiff has filed an ex parte application seeking leave to take expedited discovery. Dkt.7.

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Having considered plaintiff’s papers, the Court hereby GRANTS the ex parte application and finds that

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plaintiff has demonstrated good cause to take expedited discovery. See Semitool, Inc. v. Tokyo Electron

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Am., Inc., 208 F.R.D. 273, 276 (N.D. Cal. 2002). Plaintiff has no other way to obtain the identity of

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defendant, which is necessary to permit plaintiff to effect service of process. Hansmeier Decl. ¶ 32.

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In addition, expedited discovery is appropriate because Internet Service Providers (“ISPs”) typically

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retain user activity logs for only a short period of time before destroying the information. Id. ¶ 29.

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Plaintiff is granted leave to serve a Federal Rule of Civil Procedure 45 subpoena on Comcast

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Cable Communications LLC and other ISPs seeking the name, address, telephone number, e-mail

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address, and Media Access Control address of the subscriber(s) assigned to IP address 71.202.175.46.

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The ISPs shall serve a copy of the subpoena and a copy of this Order upon the subscriber(s) within five

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days of receipt of the subpoena. The subscriber(s) shall then have 15 days from the date of service upon

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them to file any objections with this Court. If that 15-day period elapses without a subscriber filing an

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objection or a motion to quash, the ISPs shall have 10 days after said lapse to produce the information

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to plaintiff pursuant to the subpoena. The ISPs shall preserve any subpoenaed information pending the

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resolution of any objection or motion to quash.

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IT IS SO ORDERED.

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Dated: November 6, 2012
SUSAN ILLSTON
United States District Judge

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United States District Court
For the Northern District of California

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