Strike 3 Holdings, LLC v. JOHN DOE subscriber assigned IP address

Filing 10

ORDER by Magistrate Judge Donna M. Ryu granting 8 Ex Parte Application for Leave to Serve Third Party Subpoena. (dmrlc1, COURT STAFF) (Filed on 2/13/2018)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 STRIKE 3 HOLDINGS, LLC, 12 Plaintiff, 13 Honorable Donna M. Ryu vs. 14 Case Number: 4:18-cv-00078-DMR JOHN DOE subscriber assigned IP address, [PROPOSED] ORDER ON EX-PARTE MOTION FOR LEAVE TO SERVE THIRD PARTY SUBPOENA PRIOR TO A RULE 26(f) CONFERENCE 15 Defendant. 16 17 THIS CAUSE came before the Court upon Plaintiff’s Ex-Parte Motion for Leave to 18 Serve a Third Party Subpoena Prior to a Rule 26(f) Conference (the “Motion”), and the Court 19 being duly advised does hereby: 20 FIND, ORDER AND ADJUDGE: 21 1. Plaintiff has established that “good cause” exists for it to serve a third party 22 subpoena on Comcast Cable (hereinafter the “ISP”). See UMG Recording, Inc. v. Doe, 2008 23 WL 4104214, *4 (N.D. Cal. 2008); and Arista Records LLC v. Does 1-19, 551 F. Supp. 2d 1, 6- 24 7 (D.D.C. 2008); 25 2. 26 Plaintiff may serve the ISP with a Rule 45 subpoena commanding the ISP to provide Plaintiff with the true name and address of the Defendant to whom the ISP assigned an 27 1 28 [Proposed] Order on Ex-Parte Motion for Leave to Serve Third Party Subpoena Prior to a Rule 26(f) Conference Case No. 4:18-cv-00078-DMR 1 IP address as set forth on Exhibit A to the Complaint. Plaintiff shall attach to any such 2 subpoena a copy of this Order; 3 3. Plaintiff may also serve a Rule 45 subpoena in the same manner as above on any 4 service provider that is identified in response to a subpoena as a provider of Internet services to 5 one of the Defendants; 6 7 4. If the ISP qualifies as a “cable operator,” as defined by 47 U.S.C. § 522(5), which states: the term “cable operator” means any person or group of persons 8 9 (A) who provides cable service over a cable system and directly or through one 10 or more affiliates owns a significant interest in such cable system, or 11 (B) who otherwise controls or is responsible for, through any arrangement, the 12 13 management and operation of such a cable system. it shall comply with 47 U.S.C. § 551(c)(2)(B), which states: 14 A cable operator may disclose such [personal identifying] information if the 15 disclosure is . . . made pursuant to a court order authorizing such disclosure, if 16 the subscriber is notified of such order by the person to whom the order is 17 directed. 18 19 by sending a copy of this Order to the Defendant; and 5. Plaintiff may only use the information disclosed in response to a Rule 45 20 subpoena served on the ISP for the purpose of protecting and enforcing Plaintiff’s rights as set 21 forth in its Complaint. 22 6. The ISP shall serve a copy of the subpoena and a copy of this order on the 23 subscriber within 30 days of the date of service on the ISP. The ISP may serve the subscribers 24 using any reasonable means, including written notice sent to the subscriber’s last known 25 address, transmitted either by first-class mail or via overnight service. 26 27 2 28 [Proposed] Order on Ex-Parte Motion for Leave to Serve Third Party Subpoena Prior to a Rule 26(f) Conference Case No. 4:18-cv-00078-DMR 1 7. Each subscriber and the ISP shall have 30 days from the date of service upon 2 him, her, or it to file any motions in this court contesting the subpoena (including a motion to 3 quash or modify the subpoena). If the 30-day period lapses without the subscriber contesting the 4 subpoena, the ISP shall have 10 days to produce to Plaintiff the information responsive to the 5 subpoena with respect to that subscriber. 6 8. The ISP shall preserve all subpoenaed information pending the ISP’s delivering 7 such information to Plaintiff or the final resolution of a timely filed motion to quash the 8 subpoena with respect to such information. 11 defendant shall be filed UNDER SEAL in all filings. S DISTRICT TE C DONE AND ORDERED this 13th day of February, 2018. TA 13 14 UNIT ED S RT U O 12 Any name or other personal identifying information of any current or proposed By: ____________________________ Honorable Donna M.ORDERED Ryu UNITED STATESO IT IS S MAGISTRATE JUDGE 15 onn Judge D 18 19 A H ER LI RT 17 u a M. Ry NO 16 R NIA 10 9. FO 9 N F D IS T IC T O R C 20 21 22 23 24 25 26 27 3 28 [Proposed] Order on Ex-Parte Motion for Leave to Serve Third Party Subpoena Prior to a Rule 26(f) Conference Case No. 4:18-cv-00078-DMR

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