Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 76.126.131.175

Filing 12

AMENDED ORDER ON EX PART MOTION FOR LEAVE TO SERVE THIRD PARTY SUPBOENA PRIOR TO A RULE 25 (f) CONFERENCE. Signed by Chief Magistrate Judge Joseph C. Spero on 11/8/17. (klhS, COURT STAFF) (Filed on 11/9/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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STRIKE 3 HOLDINGS, LLC,

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Plaintiff,

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AMENDED [PROPOSED] ORDER ON
EX-PARTE MOTION FOR LEAVE TO
SERVE THIRD PARTY SUBPOENA
PRIOR TO A RULE 26(f) CONFERENCE

vs.

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Case Number: 3:17-cv-06058-JCS

JOHN DOE subscriber assigned IP address
76.126.131.175,

Date: Friday, December 8, 2017
Time: 9:30 AM
Place: Courtroom G - 15th Floor
Honorable Joseph C. Spero

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Defendant.
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THIS CAUSE came before the Court upon Plaintiff’s Ex-Parte Motion for Leave to Serve

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a Third Party Subpoena Prior to a Rule 26(f) Conference (the “Motion”), and the Court being

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duly advised does hereby:

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FIND, ORDER AND ADJUDGE:

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1.

Plaintiff has established that “good cause” exists for it to serve a third party

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subpoena on Comcast Cable (hereinafter the “ISP”). See UMG Recording, Inc. v. Doe, 2008

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WL 4104214, *4 (N.D. Cal. 2008); and Arista Records LLC v. Does 1-19, 551 F. Supp. 2d 1, 6-

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7 (D.D.C. 2008);

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2.

Plaintiff may serve the ISP with a Rule 45 subpoena commanding the ISP to

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provide Plaintiff with the true name and address of the Defendant to whom the ISP assigned an

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Order on Ex-Parte Motion for Leave to Serve Third Party Subpoena Prior to a Rule 26(f) Conference
Case No. 3:17-cv-06058-JCS

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IP address as set forth on Exhibit A to the Complaint. Plaintiff shall attach to any such

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subpoena a copy of this Order;

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3.

Plaintiff may also serve a Rule 45 subpoena in the same manner as above on any

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service provider that is identified in response to a subpoena as a provider of Internet services to

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one of the Defendants (together with Comcast Cable, the “ISPs”);

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4.

IT IS FURTHER ORDERED that subpoenas authorized by this Order and

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issued pursuant thereto shall be deemed appropriate court orders under 47 U.S.C. § 551. In

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particular, 47 U.S.C. § 551(c)(2)(B) provides as follows:

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(c) Disclosure of personally identifiable information

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***

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“(2) A cable operator may disclose such information if the disclosure is –

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***
“(B) subject to subsection (h) [relating to disclosures to
governmental agencies] of this action, made pursuant to a court
order authorizing such disclosure, if the subscriber is notified of
such order by the person to whom the order is directed….”

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This order is an order authorizing such disclosure:
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IT IS FURTHER ORDERED that each ISP will have 30 days from the date of

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service upon it to serve each of its subscriber(s) whose identity information is sought with a

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copy of the subpoena and a copy of this Order. The ISPs may serve the subscribers using any

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reasonable means, including written notice sent to the subscriber’s last known address,

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transmitted either by first-class mail or via overnight service.

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6.

IT IS FURTHER ORDERED that each subscriber and each ISP shall have 30

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days from the date of service upon him, her or it to file any motions in this court contesting the

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subpoena (including a motion to quash or modify the subpoena). If the 30-day period lapses

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without the subscriber contesting the subpoena, the ISP shall have 10 days to produce to

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Plaintiff the information responsive to the subpoena with respect to that subscriber.

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7.

IT IS FURTHER ORDERED that an ISP that receives a subpoena shall

preserve all subpoenaed information pending the ISP’s delivering such information to Plaintiff
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Order on Ex-Parte Motion for Leave to Serve Third Party Subpoena Prior to a Rule 26(f) Conference
Case No. 3:17-cv-06058-JCS

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or the final resolution of a timely filed motion to quash the subpoena with respect to such

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information.

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8.

IT IS FURTHER ORDERED that any information disclosed to Plaintiff in

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response to a subpoena may be used by Plaintiff solely for the purpose of protecting its rights

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under the Copyright Act, 17 U.S.C. § 101 et seq.

information of any current or proposed defendant shall be filed UNDER SEAL in all filings.
IT IS SO ORDERED.

R NIA

____________________________
JOSEPH C. SPERO ero
Chief Magistrate seph C. Sp
Judge Jo Judge
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NO

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11/8/17
Dated: ___________________

UNIT
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IT IS FURTHER ORDERED that any name or other personal identifying

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Order on Ex-Parte Motion for Leave to Serve Third Party Subpoena Prior to a Rule 26(f) Conference
Case No. 3:17-cv-06058-JCS