Paramount Pictures Corporation et al v. Doe

Filing 4

ORDER re 1 Denying Request for Civil Subpoena Without Prejudice to Plaintiffs Filing a Renewed Request along with a Proper Subpoena. Signed by Judge Patricia V. Trumbull on 2/12/09. (pvtlc1) (Filed on 2/12/2009)

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 PATRICIA V. TRUMBULL United States Magistrate Judge OR D E R, page 1 PARAMOUNT PICTURES CORPORATION, et al., UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) ) Plaintiffs, ) ) v. ) ) JOHN DOE, ) ) Defendant. ) ___________________________________ ) Case No.: C 09-80015 JW (PVT) ORDER DENYING REQUEST FOR CIVIL SUBPOENA WITHOUT PREJUDICE TO PLAINTIFFS FILING A RENEWED REQUEST ALONG WITH A PROPER SUBPOENA

On February 9, 2009, Plaintiffs filed a Request to Issue Civil Subpoena Pursuant to 17 U.S.C. § 512(h). Based on the request and declaration submitted, IT IS HEREBY ORDERED that Plaintiffs' request is DENIED without prejudice to Plaintiffs submitting a renewed request along with a proper subpoena. The proposed subpoena submitted by Plaintiffs improperly calls for a company in this district to produce documents in a different district. The proposed subpoena is also signed by Plaintiffs' counsel. Section 512(h) provides that, if a request is properly supported and the subpoena is in proper form, the "the clerk shall expeditiously issue and sign the proposed subpoena." See 17 U.S.C. § 512(h)(4) (emphasis added). IT IS FURTHER ORDERED that this order is without prejudice to Plaintiffs filing a renewed request along with a subpoena in proper form. Dated: 2/12/09