Dhillon v. Doe 1 et al

Filing 42

ORDER DENYING ADMINISTRATIVE MOTIONS FOR LEAVE TO TAKE EARLY DISCOVERY (Illston, Susan) (Filed on 11/4/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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HARMEET DHILLON,

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Plaintiff,

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No. C 13-1465 SI
ORDER DENYING ADMINISTRATIVE
MOTIONS FOR LEAVE TO TAKE
EARLY DISCOVERY

v.
DOE 1, an unknown individual, and DOES 2-10,
Defendants.

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Plaintiff’s administrative motions for leave to take early discovery are scheduled for a hearing

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on November 7, 2013. Pursuant to Civil Local Rule 7-1(b), the Court determines that the matters are

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appropriate for resolution without oral argument, and VACATES the hearing. For the reasons set forth

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below, plaintiff’s motions are DENIED.

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Plaintiff seeks leave to issue two subpoenas, one directed at an attorney and one directed at

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Google, Inc., in order to learn the identity of “Doe 1” to facilitate service of process on Doe 1. The

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complaint alleges that Doe 1 anonymously published an article titled “Meet Harmeet” on the website

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www.mungergames.net, and that the article featured a copyrighted photograph of plaintiff. Doe 1,

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appearing through counsel, opposes the administrative motions on numerous grounds, including that

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they are unnecessary because Doe 1’s counsel has informed plaintiff’s counsel that she will accept

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service of process on behalf of Doe 1. Doe 1 also states that he/she has “immediate plans” to file a

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motion to dismiss and/or a motion for summary judgment on plaintiff’s copyright infringement claim.

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Based upon these representations by Doe 1, the Court DENIES plaintiff’s administrative motions

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as unnecessary. Counsel for Doe 1 is ORDERED to accept service of process on Doe 1; and Doe 1 is

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directed to promptly file a motion to dismiss and/or motion for summary judgment.

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This order resolves Docket Nos. 20 and 24.

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IT IS SO ORDERED.

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Dated: November 4, 2013

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SUSAN ILLSTON
UNITED STATES DISTRICT JUDGE

United States District Court
For the Northern District of California

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