Dallas Buyers Club LLC v. Doe-73.189.187.56

Filing 12

ORDER by Magistrate Judge Donna M. Ryu denying without prejudice 5 Motion for Discovery.(dmrlc1, COURT STAFF) (Filed on 3/29/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DALLAS BUYERS CLUB LLC,

Case No. 16-cv-01166-DMR

Plaintiff,
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v.
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DOE-73.189.187.56,
Defendant.

ORDER DENYING WITHOUT
PREJUDICE MOTION TO EXPEDITE
DISCOVERY
Re: Dkt. No. 5

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Plaintiff Dallas Buyers Club LLC filed this action on March 9, 2016, alleging copyright

United States District Court
Northern District of California

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infringement against a Doe Defendant identified only by an internet protocol (“IP”) address,

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73.189.187.56. On March 10, 2016, Plaintiff filed an ex parte motion to expedite discovery,

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seeking leave to conduct discovery before the Rule 26 conference. [Docket No. 5.] Specifically,

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Plaintiff seeks an order granting Plaintiff leave to issue a subpoena to Comcast Cable for records

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related to the identity of the subscriber and account holder assigned Defendant’s IP address,

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arguing that this information is necessary so that it may identify Defendant.

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In its motion, Plaintiff argues that good cause supports its request for early discovery and

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makes a number of assertions about the IP address at issue, including the alleged infringing

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activity associated with the address and its physical location. However, Plaintiff has not filed any

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evidence to support these and other assertions. Civil Local Rule 7-5 provides that “[f]actual

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contentions made in support of . . . any motion must be supported by an affidavit or declaration

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and by appropriate references to the record.” Civ. L.R. 7-5(a). Accordingly, Plaintiff’s motion to

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expedite discovery is denied without prejudice to Plaintiff’s re-filing its motion in compliance

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with the local rules.

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IT IS SO ORDERED.
Dated: March 28, 2016
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Donna M. Ryu
United States Magistrate Judge