Malibu Media, LLC v. John Doe subscriber assigned IP address 98.207.153.167

Filing 20

ORDER RE STIPULATION AND PROTECTIVE ORDER GOVERNING CONFIDENTIAL THIRD-PARTY MATERIAL by Hon. William Alsup granting 19 Stipulation.(whalc1, COURT STAFF) (Filed on 12/14/2015)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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MALIBU MEDIA, LLC,

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For the Northern District of California

United States District Court

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No. C 15-04173 WHA

Plaintiff,
v.
JOHN DOE SUBSCRIBER IP ADDRESS
98.207.153.167,

ORDER RE STIPULATION AND
PROTECTIVE ORDER
GOVERNING CONFIDENTIAL
THIRD-PARTY MATERIAL

Defendant.

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/

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The Internet subscriber assigned to the above-captioned IP address by Comcast contends

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that an individual renting his guest house committed the alleged copyright infringement.

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Counsel for subscriber contacted counsel for plaintiff and offered to provide the name and

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identifying information of the renter, subject to the confidentiality protections set forth in the

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order granting plaintiff’s motion for leave to serve a third-party subpoena. The subscriber also

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seeks the same protection. Plaintiff and the subscriber have submitted a joint stipulation

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agreeing to a protective order regarding the identifying information of both the subscriber and

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the renter (Dkt. No. 19). The parties’ protective order is hereby APPROVED as modified below:

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1.

Plaintiff will treat any and all identifying information about the renter in

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accordance with the October 18, 2015 order granting plaintiff’s ex parte motion

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for leave to serve a third-party subpoena;

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2.

Plaintiff will further treat any and all identifying information about the
subscriber as follows:

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a.

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Plaintiff may not use any identifying information of the subscriber for
any purpose other than protecting its rights as set forth in the complaint;

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b.

Plaintiff shall not disclose the subscriber’s name, address, telephone

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number, email, social media username, or any other identifying

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information, other than his or her IP address.

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c.

All documents including subscriber’s identifying information, apart from

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his or her IP address, shall be filed under seal, with all such information

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redacted on the public docket, unless and until the Court orders otherwise

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and only after subscriber has had an opportunity to challenge the

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For the Northern District of California

United States District Court

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disclosure of any identifying information.
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If any of subscriber’s identifying information is disclosed in violation of this

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protective order, plaintiff shall immediately inform subscriber of all pertinent

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facts relating to the disclosure, and shall make reasonable efforts to rectify such

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disclosure and prevent further disclosure. Plaintiff’s compliance with this

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paragraph shall be without prejudice to any rights or remedies of subscriber

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arising from violation of this protective order.

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4.

By DECEMBER 21, subscriber shall please file a notice including his or her name

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and address, along with any and all identifying information that subscriber has

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provided to plaintiff regarding renter. Subscriber should comply with the

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procedure detailed in Civil L.R. 79-5 to ensure that the identifying information is

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filed under seal.

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IT IS SO ORDERED.

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Dated: December 14, 2015.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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