GP International LLC v. RoidStudio et al

Filing 6

Order by Magistrate Judge Donna M. Ryu Granting in Part 5 Plaintiff's Ex Parte Application for Leave to Take Early Discovery.(dmrlc1, COURT STAFF) (Filed on 11/16/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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GP INTERNATIONAL, LLC,

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Plaintiff,
v.

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ORDER GRANTING IN PART
PLAINTIFF’S EX PARTE
APPLICATION FOR LEAVE TO TAKE
EARLY DISCOVERY

ROIDSTUDIO, ET AL,

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No. C-11-04690 DMR

Defendants.
___________________________________/

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Plaintiff GP International, LLC has filed an ex parte application for leave to take immediate

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discovery prior to the Rule 26 conference. [Docket No. 5.] Having considered Plaintiff’s papers

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and accompanying submissions, the court hereby GRANTS the administrative request in part on the

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grounds that Plaintiff has demonstrated good cause to take early discovery. See Semitool, Inc. v.

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Tokyo Electron Am., Inc., 208 F.R.D. 273, 276 (N.D. Cal. 2002). Specifically, Plaintiff has shown

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that limited discovery of basic identifying information is necessary to permit Plaintiff to effect

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service on Defendants Roidstudio and Northdroid. See Columbia Ins. Co. v. seescandy.com, 185

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F.R.D. 573, 577-580 (N.D. Cal. 1999) (identifying safeguards to ensure that a plaintiff is not seeking

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early discovery to harass or intimidate defendants).

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However, at this time, Plaintiff is only granted leave to serve Federal Rule of Civil Procedure

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45 subpoenas on third party providers Google, Inc. (“Google”) and Amazon.com and/or Amazon

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Digital Services, Inc. (“Amazon”). If Plaintiff is unable to serve Defendants after reviewing the

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records produced by Google and Amazon in response to its subpoenas, Plaintiff shall file a new

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request to take early discovery setting forth good cause to support its request to serve Rule 45

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subpoenas on any financial institutions identified in the records produced by Google and/or

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Amazon.

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Accordingly, it is hereby ORDERED that Plaintiff is allowed to serve immediate discovery

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on Google and Amazon by serving Rule 45 subpoenas as follows. Plaintiff’s subpoenas to Google

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and Amazon may only request the following information: Defendants’ true names, addresses,

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telephone numbers, and the identity of any financial institutions associated with Defendants. The

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subpoenas shall include a copy of this Order.
It is further ORDERED that Google and Amazon will have 30 days from the date of service

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upon them to serve Defendants with a copy of the subpoena and a copy of this Order. Google and

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Amazon may serve Defendants using any reasonable means, including written notice sent to

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Defendants’ last known address(es), transmitted either by first-class mail or via overnight service.

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Google, Amazon and Defendants each shall have 30 days from the date of service to file any

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motions in this court contesting the subpoena (including a motion to quash or modify the subpoena).

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If that 30-day period lapses without Google, Amazon or Defendants contesting the subpoena,

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Google and Amazon shall have 10 days to produce to Plaintiff the information responsive to the

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subpoena.

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It is further ORDERED that Google and Amazon shall preserve all subpoenaed information

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pending their delivering such information to Plaintiff or the final resolution of a timely filed and

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granted motion to quash the subpoena with respect to such information.

subpoena solely to protect its rights under the Copyright Act, 17 U.S.C. § 101 et seq.

Dated: November 16, 2011

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OO
IT IS S

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RDERE

NO

DONNA M. RYU nna M. Ryu
o
United StatesdMagistrate Judge
Ju ge D
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H

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IT IS SO ORDERED.

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It is further ORDERED that Plaintiff may use any information disclosed in response to a

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UNIT
ED

For the Northern District of California

United States District Court

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