Malibu Media, LLC v. John Doe subscriber assigned IP address 76.126.99.126
Filing
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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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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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Plaintiff,
v.
JOHN DOE Subscriber Assigned IP
Address 76.126.99.126,
ORDER FOLLOWING
HEARING ON DEFENDANT’S
DISCOVERY LETTERS
Defendant.
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No. C 15-04441 WHA
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And All Related Cross-Actions.
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A discovery hearing was held after the parties met and conferred relating to defendant’s
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three discovery letters (Dkt. Nos. 87, 89, 102). This order summarizes the rulings made on the
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record. To the extent not addressed herein or not discussed on the record, any further relief is
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DENIED.
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•
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.
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Relief relating to performers’ compensation and residuals is
DENIED.
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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.
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Malibu Media shall provide the file wrappers for the copyright
applications for the asserted works by DECEMBER 26.
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IT IS SO ORDERED.
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Dated: December 6, 2016.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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For the Northern District of California
United States District Court
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