Braun v. Primary Distributor Doe Number 1 et al

Filing 10

STIPULATION AND ORDER re 9 STIPULATION WITH PROPOSED ORDER filed by Axel Braun. Signed by Judge Jacqueline Scott Corley on December 26, 2012. (wsn, COURT STAFF) (Filed on 12/26/2012)

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4 D. GILL SPERLEIN (SBN 172887) THE LAW OFFICE OF D. GILL SPERLEIN 345 Grove Street San Francisco, California 94102 Telephone: (415) 404-6615 Facsimile: (415) 404-6616 gill@sperleinlaw.com 5 Attorney for Plaintiff, 6 Axel Braun 1 2 3 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA THE LAW OFFICE OF D. GILL SPERLEIN 345GROVE STREET TEL: 415-404-6615 SAN FRANCISCO, CA 94102 FAX: 415-404-6616 8 9 10 AXEL BRAUN, 11 12 Plaintiff, vs. 13 14 15 16 PRIMARY DISTRIBUTOR DOE NUMBER 1 and DEFENDANT DOES 2 through 155, Defendants. 17 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 12-4103 YGR (JSC) STIPULATION AND [PROPOSED] ORDER TO UNITED STATES MAGISTRATE JUDGE JACQULEINE SCOTT CORLEY, 18 AND INTERESTED PARTIES: 19 STIPULATED FACTS 20 1. 21 On October 31, 2012 Plaintiff AXEL BRAUN served a subpoena duces tecum on CHARTER COMMUNICATION, ATTN: KELLY STARKWEATHER (“Charter”) in the above- 22 entitled action pursuant to an order of this Court dated October 23, 2012. The subpoena demands that 23 Charter release personal identifying information for the entity or individual associated with the 24 25 Internet Protocol (“IP) address 24.205.247.64 on 2012-4-15 at 10:31:41 a.m. GMT (herein referred to as “Subscriber”). 26 27 28 -1STIPULATION AND PROPOSED ORDER C-12-4103 YGR (JSC) 1 2 3 2. Charter has identified Subscriber as being associated with the above identified IP address at the date and time in question. 3. Plaintiff’s Counsel and Subscriber’s Counsel have met and conferred regarding the 4 production of the information requested under the subpoena and have agreed to deal with the demand 5 insofar as it relates to the Subscriber in the manner set forth below. 6 7 THE LAW OFFICE OF D. GILL SPERLEIN 345GROVE STREET TEL: 415-404-6615 SAN FRANCISCO, CA 94102 FAX: 415-404-6616 8 BASED UPON THE FOREGOING, PLAINTIFF AND SUBSCRIBER HEREBY STIPULATE AND AGREE AS FOLLOWS: 1. Plaintiff’s Counsel shall immediately provide a copy of this Stipulation to Charter 9 Communications with the request that Charter provide the subpoenaed information in a manner 10 designed to keep the information confidential. No produced information shall be provided to the 11 Court or to anyone other than Plaintiff’s counsel. 12 2. The Subscriber’s name and address shall be stored under the direct control of 13 Plaintiff’s Counsel who shall be responsible for preventing any disclosure thereof except in 14 accordance with the terms of this Stipulation. 15 3. Plaintiff’s Counsel agrees not to name Subscriber as a defendant in the within action 16 until Subscriber’s Counsel has had a reasonable opportunity to investigate and determine whether 17 Subscriber was involved in the activities alleged in the Complaint. Counsel agree that a reasonable 18 time for such investigation will extend until January 31, 2013 or such further time as is stipulated in 19 writing by Plaintiff’s Counsel and Subscriber’s Counsel. 20 4. Counsel agree to further meet and confer on or before January 31, 2013, or on or 21 before such further time as is stipulated in writing, to determine whether Plaintiff has a good faith 22 belief for naming said Subscriber as a party defendant in the within action. 23 5. Plaintiff’s Counsel agrees not to name said Subscriber as a party defendant in the 24 within action without a good faith belief that Subscriber is responsible for the activities alleged in the 25 Complaint. 26 27 28 -2STIPULATION AND PROPOSED ORDER C-12-4103 YGR (JSC) 1 6. Subscriber’s Counsel agrees that if investigation discloses information indicating that 2 persons other than Subscriber were involved in the activities alleged in the Complaint, Counsel will 3 share that information with Plaintiff’s Counsel and will cooperate with Plaintiff’s counsel in pursuing 4 the responsible parties without, however, any cost or expense to Subscriber. 5 7. This Stipulation may be executed in counterparts with the same effect as if the parties 6 had signed the same document. All such counterparts shall be deemed an original, shall be construed 7 together, and shall constitute one and the same instrument. THE LAW OFFICE OF D. GILL SPERLEIN 345GROVE STREET TEL: 415-404-6615 SAN FRANCISCO, CA 94102 FAX: 415-404-6616 8 9 10 8. This Stipulation shall bind and inure to the benefit of the parties hereto and their respective successors and assigns. 9. The United States District Court for the Northern District of California will retain 11 exclusive jurisdiction to interpret and enforce the terms of this Stipulation. Any claims or disputes 12 arising under or in connection with this Stipulation shall be resolved in the above mentioned Court. 13 10. In the event that any provision, or portion thereof, of this Stipulation is held to be 14 unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the 15 remaining provisions, or portions thereof, shall not be affected thereby. 16 17 IT IS SO STIPULATED BY THE PARTIES. 18 Dated: December 26, 2012 19 LAW OFFICE OF D. GILL SPERLEIN /s/ D. Gill Sperlein ___________________________________ By: D. Gill Sperlein, Esq. Attorney for Plaintiff 20 21 22 23 Dated: December 26, 2012 TOEWS SAMBERG & MURPHY, INC. 24 25 __________________________________ By: J. Christopher Toews, Esq. Attorney for Defendant 26 27 28 -3STIPULATION AND PROPOSED ORDER C-12-4103 YGR (JSC) [PROPOSED] ORDER 1 2 Pursuant to the Stipulation above and finding good cause, IT IS HEREBY ORDERED that: 3 1. The Stipulation Regarding Confidentiality and Protective Order (the “Agreement”) is 4 entered as an Order of this Court. 5 2. This Court shall retain jurisdiction over all matters arising from or related to the 6 interpretation or implementation of this Order. 7 THE LAW OFFICE OF D. GILL SPERLEIN 345GROVE STREET TEL: 415-404-6615 SAN FRANCISCO, CA 94102 FAX: 415-404-6616 8 9 10 11 Dated:________________ December 26, 2012 MAGISTRATE JUDGE JACQUELINE SCOTT CORLEY UNITED STATES DISTRICT COURT 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4STIPULATION AND PROPOSED ORDER C-12-4103 YGR (JSC)

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