Malibu Media, LLC v. JOHN DOE subscriber assigned IP address 24.7.21.93

Filing 7

ORDER GRANTING EX PARTE MOTION FOR LEAVE TO SERVE THIRD-PARTY SUBPOENA PRIOR TO RULE 26(f) CONFERENCE by Hon. William Alsup [granting 6 Motion for Leave to File].(whasec, COURT STAFF) (Filed on 3/23/2016)

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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,

No. C 16-00990 WHA

v.

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JOHN DOE SUBSCRIBER ASSIGNED
IP ADDRESS 24.7.21.93,

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Defendant.

ORDER GRANTING EX PARTE
MOTION FOR LEAVE TO SERVE
THIRD-PARTY SUBPOENA PRIOR
TO RULE 26(f) CONFERENCE

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Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various

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pornographic films and that John Doe defendant directly infringed those copyrights by

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distributing the films on the Internet, using the above-captioned IP address. Malibu Media now

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seeks leave to serve a subpoena on third party Comcast Cable Communications, LLC, in order

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to ascertain the identity of the subscriber using that IP address prior to a Rule 26(f) conference.

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Malibu Media’s motion is hereby GRANTED. This is without prejudice to any motions

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to quash or modify the subpoena that may be filed by any interested party, including Comcast or

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the subscriber assigned to the IP address. Furthermore, the following limitations apply:

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•

The subpoena shall only request the actual name and address of the
subscriber to whom Comcast assigned the above-captioned IP address.

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•

The subpoena shall only seek the name and address of the subscriber for
the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
infringing act.

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Malibu Media shall attach a copy of this order to the subpoena.

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Malibu Media may not use any information disclosed by Comcast for any
purpose other than protecting its rights as set forth in the complaint.

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Comcast shall, in turn, serve a copy of the subpoena and a copy of this
order on the subscriber within TWENTY-FOUR DAYS of the date of service
on Comcast.

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The return date on the subpoena shall be no less than FORTY-FIVE DAYS
from the date of service on Comcast. Comcast shall not disclose any
identifying information about defendant to Malibu Media prior to the
return date or prior to the resolution of any motions to quash or modify
the subpoena.

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Malibu Media shall not disclose defendant’s name, address, telephone
number, email, social media username, or any other identifying
information, other than defendant’s IP address, that it may subsequently
learn. All documents including defendant’s identifying information,
apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
orders otherwise and only after defendant has had an opportunity to
challenge the disclosure of any identifying information. Malibu Media
explicitly consented to the inclusion of such a protection in its motion.

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Malibu Media must seek leave to serve subpoenas on any other service
provider besides Comcast in this matter.

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Any motions relating to the subpoena or the protective order discussed above shall be

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For the Northern District of California

United States District Court

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filed prior to the return date of the subpoena.

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IT IS SO ORDERED.

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Dated: March 23, 2016.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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