Hard Drive Productions, Inc. v. Does 1-58

Filing 6

Proposed Order re 5 Ex Parte Application For, and Memorandum of Law in Support of, Leave to Take Discovery Prior to Rule 26(f) Conference Ex Parte Application For, and Memorandum of Law in Support of, Leave to Take Discovery Prior to Rule 26(f) Conference by Hard Drive Productions, Inc.. (Gibbs, Brett) (Filed on 5/26/2011)

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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

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IN THE UNITED STATES DISTRICT COURT FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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HARD DRIVE PRODUCTIONS, INC.,

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Plaintiff,
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v.
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DOES 1-58,
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Defendants.
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____________________________________)

No. C-11-02537 LB
[PROPOSED] ORDER GRANTING
PLAINTIFF’S APPLICATION FOR
LEAVE TO TAKE DISCOVERY
PRIOR TO RULE 26(f) CONFERENCE
[RE: ECF No. 5]

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

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Application for Leave to Take Expedited Discovery and all the papers filed in connection with the

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application, as well as the relevant case law. Accordingly, the Court GRANTS Plaintiff’s Ex Parte

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Application for Expedited discovery as follows:

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1.

IT IS HEREBY ORDERED that Plaintiff may immediately serve Rule 45

subpoenas on the Internet Service Providers (ISPs) listed in Exhibit A to the Complaint to obtain
information to identify each Doe Defendant, including the name, address, telephone numbers, email
addresses, and media access control addresses. Each subpoena shall have a copy of this Order
attached.

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2.

IT IS FURTHER ORDERED that the ISPs will have 30 days from the date of

service upon them to serve the subscribers of the IP addresses with a copy of the subpoena and a
copy of this order. The ISPs may serve the subscribers using any reasonable means, including
written notice sent to the subscriber’s last known address, transmitted either by first-class mail or via
overnight service.
3.

IT IS FURTHER ORDERED that subscribers shall have 30 days from the date of

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service upon them to file any motions in this Court contesting the subpoena (including a motion to

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quash or modify the subpoena). If that 30-day period lapses without a subscriber contesting the

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subpoena, the ISPs shall have 10 days to produce the information responsive to the subpoena to

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Plaintiff.

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4.

IT IS FURTHER ORDERED that the subpoenaed entity shall preserve any

subpoenaed information pending the respoluting of any timely-filed motion to quash.
5.

IT IS FURTHER ORDERED that any ISP that receives a subpoena pursuant to this

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Order shall confer with Plaintiff and shall not assess any charge in advance of providing the

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information requested in the subpoena. Any ISP that receives a subpoena and elects to charge for

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the costs of production shall provide a billing summary and cost reorts that serve as a basis for such
billing summary and any costs claimed by such ISP.
6.

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.
7.

IT IS FURTHER ORDERED that any information disclosed to Plaintiff in response

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to a Rule 45 subpoena may be used by Plaintiff solely for the purpose of protecting Plaintiff’s rights

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as set forth in its Complaint.

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IT IS SO ORDERED.
DATED:______________________

_________________________________
Magistrate Judge Laurel Beeler
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[PROPOSED] ORDER GRANTING LEAVE FOR EXPEDITED DISCOVERY

No. C-11-02537 LB