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

Filing 20


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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 MALIBU MEDIA, LLC, 11 For the Northern District of California United States District Court 10 12 13 14 No. C 15-04173 WHA Plaintiff, v. JOHN DOE SUBSCRIBER IP ADDRESS, ORDER RE STIPULATION AND PROTECTIVE ORDER GOVERNING CONFIDENTIAL THIRD-PARTY MATERIAL Defendant. 15 / 16 17 The Internet subscriber assigned to the above-captioned IP address by Comcast contends 18 that an individual renting his guest house committed the alleged copyright infringement. 19 Counsel for subscriber contacted counsel for plaintiff and offered to provide the name and 20 identifying information of the renter, subject to the confidentiality protections set forth in the 21 order granting plaintiff’s motion for leave to serve a third-party subpoena. The subscriber also 22 seeks the same protection. Plaintiff and the subscriber have submitted a joint stipulation 23 agreeing to a protective order regarding the identifying information of both the subscriber and 24 the renter (Dkt. No. 19). The parties’ protective order is hereby APPROVED as modified below: 25 1. Plaintiff will treat any and all identifying information about the renter in 26 accordance with the October 18, 2015 order granting plaintiff’s ex parte motion 27 for leave to serve a third-party subpoena; 28 2. Plaintiff will further treat any and all identifying information about the subscriber as follows: 1 a. 2 Plaintiff may not use any identifying information of the subscriber for any purpose other than protecting its rights as set forth in the complaint; 3 b. Plaintiff shall not disclose the subscriber’s name, address, telephone 4 number, email, social media username, or any other identifying 5 information, other than his or her IP address. 6 c. All documents including subscriber’s identifying information, apart from 7 his or her IP address, shall be filed under seal, with all such information 8 redacted on the public docket, unless and until the Court orders otherwise 9 and only after subscriber has had an opportunity to challenge the 11 For the Northern District of California United States District Court 10 disclosure of any identifying information. 3. If any of subscriber’s identifying information is disclosed in violation of this 12 protective order, plaintiff shall immediately inform subscriber of all pertinent 13 facts relating to the disclosure, and shall make reasonable efforts to rectify such 14 disclosure and prevent further disclosure. Plaintiff’s compliance with this 15 paragraph shall be without prejudice to any rights or remedies of subscriber 16 arising from violation of this protective order. 17 4. By DECEMBER 21, subscriber shall please file a notice including his or her name 18 and address, along with any and all identifying information that subscriber has 19 provided to plaintiff regarding renter. Subscriber should comply with the 20 procedure detailed in Civil L.R. 79-5 to ensure that the identifying information is 21 filed under seal. 22 23 IT IS SO ORDERED. 24 25 Dated: December 14, 2015. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 26 27 28 2

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