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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 STRIKE 3 HOLDINGS, LLC, 12 Plaintiff, 13 AMENDED [PROPOSED] ORDER ON EX-PARTE MOTION FOR LEAVE TO SERVE THIRD PARTY SUBPOENA PRIOR TO A RULE 26(f) CONFERENCE vs. 14 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 15 Defendant. 16 17 18 THIS CAUSE came before the Court upon Plaintiff’s Ex-Parte Motion for Leave to Serve 19 a Third Party Subpoena Prior to a Rule 26(f) Conference (the “Motion”), and the Court being 20 duly advised does hereby: 21 FIND, ORDER AND ADJUDGE: 22 1. Plaintiff has established that “good cause” exists for it to serve a third party 23 subpoena on Comcast Cable (hereinafter the “ISP”). See UMG Recording, Inc. v. Doe, 2008 24 WL 4104214, *4 (N.D. Cal. 2008); and Arista Records LLC v. Does 1-19, 551 F. Supp. 2d 1, 6- 25 7 (D.D.C. 2008); 26 2. Plaintiff may serve the ISP with a Rule 45 subpoena commanding the ISP to 27 provide Plaintiff with the true name and address of the Defendant to whom the ISP assigned an 28 1 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 1 IP address as set forth on Exhibit A to the Complaint. Plaintiff shall attach to any such 2 subpoena a copy of this Order; 3 3. Plaintiff may also serve a Rule 45 subpoena in the same manner as above on any 4 service provider that is identified in response to a subpoena as a provider of Internet services to 5 one of the Defendants (together with Comcast Cable, the “ISPs”); 6 4. IT IS FURTHER ORDERED that subpoenas authorized by this Order and 7 issued pursuant thereto shall be deemed appropriate court orders under 47 U.S.C. § 551. In 8 particular, 47 U.S.C. § 551(c)(2)(B) provides as follows: 9 (c) Disclosure of personally identifiable information 10 *** 11 “(2) A cable operator may disclose such information if the disclosure is – 12 *** “(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….” 13 14 15 16 This order is an order authorizing such disclosure: 5. IT IS FURTHER ORDERED that each ISP will have 30 days from the date of 17 service upon it to serve each of its subscriber(s) whose identity information is sought with a 18 copy of the subpoena and a copy of this Order. The ISPs may serve the subscribers using any 19 reasonable means, including written notice sent to the subscriber’s last known address, 20 transmitted either by first-class mail or via overnight service. 21 6. IT IS FURTHER ORDERED that each subscriber and each ISP shall have 30 22 days from the date of service upon him, her or it to file any motions in this court contesting the 23 subpoena (including a motion to quash or modify the subpoena). If the 30-day period lapses 24 without the subscriber contesting the subpoena, the ISP shall have 10 days to produce to 25 Plaintiff the information responsive to the subpoena with respect to that subscriber. 26 27 28 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 2 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 1 or the final resolution of a timely filed motion to quash the subpoena with respect to such 2 information. 3 8. IT IS FURTHER ORDERED that any information disclosed to Plaintiff in 4 response to a subpoena may be used by Plaintiff solely for the purpose of protecting its rights 5 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 RT FO NO 11 11/8/17 Dated: ___________________ UNIT ED 10 RT U O 9 ISTRIC ES D TC AT T 12 H ER LI 8 IT IS FURTHER ORDERED that any name or other personal identifying 13 A 7 9. S 6 N F D IS T IC T O R C 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 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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