Malibu Media, LLC v. JOHN DOE subscriber assigned IP address 50.185.137.190

Filing 11

ORDER DENYING MOTION TO QUASH SUBPOENA by Hon. William Alsup denying 8 Motion to Quash.(whalc1, COURT STAFF) (Filed on 6/30/2016)

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
15

No. C 16-01000 WHA

Plaintiff,
v.
JOHN DOE SUBSCRIBER ASSIGNED IP
ADDRESS 50.185.137.190,

ORDER DENYING MOTION
TO QUASH SUBPOENA

Defendant.
/

16
17

Malibu Media served a third-party subpoena on defendant’s Internet service provider,

18

Comcast. Defendant filed a motion to quash or modify the subpoena on the grounds that he was

19

a customer of Malibu Media’s and because compliance would invade his privacy. His motion is

20

not accompanied by a sworn record and did not include any of his contact information. The

21

Court ordered defendant to file a notice indicating his name and address to be filed under seal

22

for the Court’s eyes only, but defendant never responded.

23

Defendant’s denial of liability is not a basis for quashing the subpoena, and any privacy

24

interest he has in the subpoenaed information is far outweighed by Malibu Media’s need to

25

identify the proper defendant in this action, which can only be done with this subpoena.

26

Accordingly, defendant’s motion to quash is DENIED.

27
28

1

Malibu Media shall SERVE this order on Comcast in the same manner it served the

2

subpoena. The Clerk shall please SERVE this order on Comcast at the address provided below,

3

which was included in defendant’s motion to quash:

4
5

Comcast Corporation
c/o CT Corporation System
818 West Seventh Street, Ste 930
Los Angeles, CA 90017

6
Comcast shall comply with the subpoena by JULY 14.
7
8
IT IS SO ORDERED.
9
10

For the Northern District of California

United States District Court

Dated: June 30, 2016.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2