Strike 3 Holdings, LLC v. JOHN DOE subscriber assigned IP address 107.3.134.61

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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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STRIKE 3 HOLDINGS, LLC,

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Plaintiff,

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Honorable Donna M. Ryu

vs.

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Case Number: 4:18-cv-00078-DMR

JOHN DOE subscriber assigned IP address
107.3.134.61,

[PROPOSED] ORDER ON EX-PARTE
MOTION FOR LEAVE TO SERVE
THIRD PARTY SUBPOENA PRIOR TO
A RULE 26(f) CONFERENCE

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Defendant.
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THIS CAUSE came before the Court upon Plaintiff’s Ex-Parte Motion for Leave to

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Serve a Third Party Subpoena Prior to a Rule 26(f) Conference (the “Motion”), and the Court

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being duly advised does hereby:

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FIND, ORDER AND ADJUDGE:

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1.

Plaintiff has established that “good cause” exists for it to serve a third party

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subpoena on Comcast Cable (hereinafter the “ISP”). See UMG Recording, Inc. v. Doe, 2008

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WL 4104214, *4 (N.D. Cal. 2008); and Arista Records LLC v. Does 1-19, 551 F. Supp. 2d 1, 6-

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7 (D.D.C. 2008);

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2.

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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

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[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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IP address as set forth on Exhibit A to the Complaint. Plaintiff shall attach to any such

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subpoena a copy of this Order;

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3.

Plaintiff may also serve a Rule 45 subpoena in the same manner as above on any

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service provider that is identified in response to a subpoena as a provider of Internet services to

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one of the Defendants;

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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

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(A) who provides cable service over a cable system and directly or through one

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or more affiliates owns a significant interest in such cable system, or

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(B) who otherwise controls or is responsible for, through any arrangement, the

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management and operation of such a cable system.
it shall comply with 47 U.S.C. § 551(c)(2)(B), which states:

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A cable operator may disclose such [personal identifying] information if the

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disclosure is . . . made pursuant to a court order authorizing such disclosure, if

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the subscriber is notified of such order by the person to whom the order is

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directed.

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by sending a copy of this Order to the Defendant; and
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Plaintiff may only use the information disclosed in response to a Rule 45

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subpoena served on the ISP for the purpose of protecting and enforcing Plaintiff’s rights as set

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forth in its Complaint.

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6.

The ISP shall serve a copy of the subpoena and a copy of this order on the

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subscriber within 30 days of the date of service on the ISP. The ISP may serve the subscribers

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using any reasonable means, including written notice sent to the subscriber’s last known

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address, transmitted either by first-class mail or via overnight service.

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[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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7.

Each subscriber and the ISP shall have 30 days from the date of service upon

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him, her, or it to file any motions in this court contesting the subpoena (including a motion to

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

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subpoena, the ISP shall have 10 days to produce to Plaintiff the information responsive to the

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subpoena with respect to that subscriber.

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8.

The ISP shall preserve all subpoenaed information pending the ISP’s delivering

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such information to Plaintiff or the final resolution of a timely filed motion to quash the

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subpoena with respect to such information.

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defendant shall be filed UNDER SEAL in all filings.

S DISTRICT
TE
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DONE AND ORDERED this 13th day of February, 2018.
TA

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UNIT
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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

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Judge D

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[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