Malibu Media, LLC v. John Doe subscriber assigned IP address 76.126.99.126

Filing 108

ORDER FOLLOWING HEARING ON DEFENDANT'S DISCOVERY LETTERS, Motions terminated: 89 87 102 File Wrappers due by 12/26/2016. Creation Date Response due by 12/12/2016.. Signed by Judge Alsup on 12/6/16. (whalc1, COURT STAFF) (Filed on 12/6/2016)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 9 MALIBU MEDIA, LLC, 11 For the Northern District of California United States District Court 10 12 13 Plaintiff, v. JOHN DOE Subscriber Assigned IP Address 76.126.99.126, ORDER FOLLOWING HEARING ON DEFENDANT’S DISCOVERY LETTERS Defendant. 14 15 No. C 15-04441 WHA / And All Related Cross-Actions. / 16 17 A discovery hearing was held after the parties met and conferred relating to defendant’s 18 three discovery letters (Dkt. Nos. 87, 89, 102). This order summarizes the rulings made on the 19 record. To the extent not addressed herein or not discussed on the record, any further relief is 20 DENIED. 21 • Unless Malibu Media submits a declaration stating, under oath, that there is a better way to verify the production date of each asserted work than through testimony of the performers in the works by DECEMBER 12, Malibu Media shall respond to defendant’s request for written responses to the question “Who performed in [each asserted work]?” This, however, can be limited to the top three performers in each film. • Relief relating to performers’ compensation and residuals is DENIED. • In accordance with its response to defendant’s discovery letter (Dkt. No. 105 at 5), Malibu Media is hereby bound to its stipulation that it would seek the minimum statutory damages award available. Requests for documents relating to prior settlement agreements and for Malibu Media’s financial records are accordingly DENIED. 22 23 24 25 26 27 28 1 • Malibu Media shall provide the file wrappers for the copyright applications for the asserted works by DECEMBER 26. 2 3 IT IS SO ORDERED. 4 Dated: December 6, 2016. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 5 6 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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