Facebook, Inc. v. John Does 1-10

Filing 6

Proposed Order Granting LEAVE TO TAKE DISCOVERY ON ACCRETIVE TECHNOLOGY GROUP, INC. AND FCI, INC. re 3 by Facebook, Inc. (Delehunt, Lisa) (Filed on 7/3/2007) Text modified on 7/9/2007 to conform to document caption post by counsel (bw, COURT STAFF).

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Facebook, Inc. v. John Does 1-10 Doc. 6 Case 5:07-cv-03404-HRL Document 6 Filed 07/03/2007 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Lisa D. Olle, Bar No. 228551 lolle@perkinscoie.com PERKINS COIE LLP Four Embarcadero Center, Suite 2400 San Francisco, CA 94111-4131 Telephone: 415.344.7000 Facsimile: 415.344.7050 Attorneys for Plaintiff FACEBOOK, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION FACEBOOK, INC, a Delaware corporation, Plaintiff, v. JOHN DOES 1-10, individuals; and JOHN DOES 11-20, corporations, Defendants. Case No. C-07-03404 HRL [PROPOSED] ORDER GRANTING LEAVE TO TAKE DISCOVERY ON ACCRETIVE TECHNOLOGY GROUP, INC. AND FCI, INC. Date: Time: Dept.: Before: August 14, 2007 10:00 a.m. 2, 5th Floor Honorable Howard R. Lloyd The Court, having considered plaintiff FACEBOOK, Inc.'s motion for leave to take discovery on Accretive Technology Group, Inc.'s ("Accretive") and FCI, Inc. ("FCI"), hereby GRANTS the motion. Therefore, it is hereby: ORDERED that plaintiff may serve immediate discovery on Accretive and FCI, including by serving a subpoena in the form attached as Exhibit C to the Declaration of James R. McCullagh; and it is further [PROPOSED] ORDER GRANTING LEAVE TO TAKE DISCOVERY ON ACCRETIVE TECHNOLOGY GROUP, INC. AND FCI, INC. Case No. C-07-03404 HRL Dockets.Justia.com Case 5:07-cv-03404-HRL Document 6 Filed 07/03/2007 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDERED that should Accretive and FCI be unable for any reason to provide Facebook with the server logs from the server handling IP 216.127.50.20 for the period from May 15, 2007 to June 20, 2007, Accretive and FCI shall permit a computer forensic expert access to the subject computer server, including providing to the expert any necessary passwords known by Accretive/FCI to enable the forensic expert to obtain an copy of the hard drive; and it is further ORDERED that in the event that a image of hard disk of the server handling IP 216.127.50.20 for the period from May 15, 2007 to June 20, 2007 is obtained by a computer forensic expert, that person shall conduct the minimum investigation necessary to identify and extract the server logs from the information contained on the hard disk; and it is further ORDERED that should Facebook believe it is necessary to obtain any other information that may be contained on the hard disk, then it shall first explain to this court why such other information is needed and obtain an order from this court before conducting any further investigation of the hard drive. IT IS SO ORDERED. Dated this ________ day of _______________, 2007. The Honorable Howard R. Lloyd Presented by: PERKINS COIE LLP By: /s/ Lisa D. Olle Attorney for Plaintiff FACEBOOK, Inc. -2[PROPOSED] ORDER GRANTING LEAVE TO TAKE DISCOVERY ON ACCRETIVE TECHNOLOGY GROUP, INC. AND FCI, INC. Case No. C-07-03404 HRL

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