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

Filing 7

[Proposed] Order re 6 Ex Parte Application For Leave to Take Expedited Discovery by Hard Drive Productions, Inc. (Gibbs, Brett) (Filed on 4/1/2011) Modified on 4/4/2011 (cjl, COURT STAFF).

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

Doc. 7

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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 [PROPOSED] ORDER GRANTING PLAINTIFF'S APPLICATION FOR LEAVE TO TAKE DISCOVERY PRIOR TO RULE 26(f) CONFERENCE

ORDER GRANTING PLAINTIFF'S APPLICATION FOR LEAVE TO TAKE DISCOVERY PRIOR TO RULE 26(f) CONFERENCE The Court has reviewed the Complaint with attached Exhibit A, Plaintiff's Ex Parte Application for Leave to Take Expedited Discovery and all the papers filed in connection with the application, as well as the relevant case law. Accordingly, it is hereby ORDERED that Plaintiff's Ex Parte Application for Leave to Take Expedited Discovery is GRANTED; it is further ORDERED that Plaintiff may immediately serve Rule 45 subpoenas, which are limited to the following categories of entities and information: From each and every Internet Service Providers (ISPs) identified in the Exhibit A attached to the Complaint, as well as any other entity later identified, as a provider of Internet services to one of the Doe Defendants in response to a subpoena or as a result of ongoing BitTorrent activity monitoring: all

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information sufficient to identify each Defendant based on supplied IP addresses, including name, current (and permanent) address, telephone number, e-mail address, and Media Access Control address; it is further ORDERED any information disclosed to the Plaintiff in response to a Rule 45 subpoena may be used by the Plaintiff solely for the purpose of protecting Plaintiff's rights as set forth in its Complaint; it is further ORDERED that Plaintiff and any entity which receives a subpoena shall confer, if necessary, with respect to the issue of payment for the information requested in the subpoena or for resolution of IP addresses which are not controlled by such entity, duplicate IP addresses that resolve to the same individual, other IP addresses that do not provide the name and other information requested of a unique individual, or for the entity's internal costs to notify its customers; it is further ORDERED that any entity which receives a subpoena and elects to charge for the costs of production shall provide a billing summary and any cost reports that serve as a basis for such billing summary and any costs claimed by such entity; it is further ORDERED that Plaintiff shall serve a copy of this Order along with any subpoenas issued pursuant to this Order to the necessary entities; it is further ORDERED that if any entity subpoenaed pursuant to this Order wishes to move to quash the subpoena, it must do so before the return date of the subpoena, which shall be 20 days from the date of service; and Finally, it is ORDERED that the subpoenaed entity shall preserve any subpoenaed information pending the resolution of any timely-filed motion to quash.

DATED:______________________

_________________________________ United States District Court Judge

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[PROPOSED] ORDER GRANTING LEAVE FOR EXPEDITED DISCOVERY
No. C-11-01567 LB