Hard Drive Productions, Inc. v. Does 1-118

Filing 6

Ex Parte Application For Leave to Take Expedited Discovery filed by Hard Drive Productions, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Attachment 1 to Exhibit B, # 4 Attachment 2 to Exhibit B)(Gibbs, Brett) (Filed on 4/1/2011) Modified on 4/4/2011 (cjl, COURT STAFF).

Hard Drive Productions, Inc. v. Does 1-118

Doc. 6 Att. 2

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EXHIBIT B

Dockets.Justia.com

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Brett L. Gibbs, Esq. (SBN 251000) Steele Hansmeier PLLC. 38 Miller Avenue, #263 Mill Valley, CA 94941 415-325-5900 [e-mail] Attorney for Plaintiff

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

HARD DRIVE PRODUCTIONS, INC.,

) ) Plaintiff, ) v. ) ) DOES 1-118, ) ) Defendants. ) ) ____________________________________)

No. C-11-01567 LB DECLARATION OF BRETT L. GIBBS IN SUPPORT OF APPLICATION FOR EXPEDITED DISCOVERY

DECLARATION OF BRETT L. GIBBS IN SUPPORT OF APPLICATION FOR EXPEDITED DISCOVERY I, Brett L. Gibbs, declare as follows: 1. I am an attorney at law licensed to practice in California, and admitted in the

Northern District of California. My business address is 38 Miller Avenue, #263, Mill Valley, CA, 94941. I am counsel of record for Plaintiff in this matter. 2. The actual identities of the Doe Defendants in this matter are currently unknown.

While their IP addresses are known, we are unable at this point, without the requested discovery from the Internet Service Providers listed in Exhibit A of the Complaint, to connect those IP addresses with actual names, addresses, email addresses and Media Address Control addresses. As a 2
DECLCARATION OF BRETT GIBBS SUPPORTING PLAINTIFF'S APPLICATION
No. C-11-01567 LB

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result, no service of summons on any Doe Defendant can yet be effectuated, and this case essentially cannot proceed through its normal course without the requested discovery. 3. At this point, there is no defendant to serve a copy of Plaintiff's Ex Parte Application

for Leave to Take Expedited Discovery. Though Plaintiff has diligently found the IP addresses of Doe Defendants, due to Doe Defendants' covert actions, their real names, addresses, email addresses and MAC addresses still elude detection. Unfortunately, Plaintiff cannot perfect service on Doe Defendants IP addresses. 4. In granting Plaintiff's Ex Parte Application for Leave to Take Expedited Discovery,

thus permitting expedited discovery as outlined, the Court is permitting Plaintiff to defend its copyright. Through the information supplied by via the subpoenas, Plaintiff will have sufficient information to name Defendants for purposes of issuing summonses, making reasonable attempts to serve them, and proceeding with the case. Once presented with their names, Plaintiff by and through its attorneys will contact these Doe Defendants and either settle matters, or begin formal service and naming of each Doe. 5. Plaintiff requests that its Ex Parte Application be addressed as soon as possible for

good reason. This is because, while Plaintiff currently has valid IP addresses belonging to actual infringers, the ISPs consistently purge their own IP logs. A lengthy delay in granting Plaintiff's Ex Parte Application for Leave to Take Expedited Discovery could allow these Doe Defendant infringers slip through the system undetected, and prevent Plaintiff from adequately address the wrongs that have been levied against it. 6. As referenced in the Application, this request is not unique. There are plenty of

decisions made by this Court that support granting Plaintiff's request, including two recent wellthought out decisions by Your Honor in Collins, Inc. v. Does 1-1219, 97 U.S.P.Q.2D (BNA) 1667 (N.D. Cal. 2010) (Beeler) and Zoosk Inc. v. Does 1-25, 2010 U.S. Dist. LEXIS 134292, (N.D. Cal. 3
DECLCARATION OF BRETT GIBBS SUPPORTING PLAINTIFF'S APPLICATION
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2010) (Beeler) granting expedited discovery for plaintiffs in similar dilemmas. Copies of these cases are attached. 7. I declare under penalty of perjury that the foregoing is true and correct based on my

own personal knowledge, except for those matters stated on information and belief, and those matters I believe to be true. I called upon to testify, I can competently testify as set forth above.

DATED: April 1, 2011. By: ____/s/ Brett L. Gibbs, _______

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DECLCARATION OF BRETT GIBBS SUPPORTING PLAINTIFF'S APPLICATION
No. C-11-01567 LB