Dallas Buyers Club LLC v. DOE-73.170.32.155

Filing 20

Order Approving Proposed Subpoena signed by Magistrate Judge Howard R. Lloyd on 4/28/16. (hrllc1, COURT STAFF) (Filed on 4/28/2016)

E-Filed 4/28/16

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

DALLAS BUYERS CLUB, LLC,

Case No.: 5:16-cv-00859-HRL

Plaintiff,
ORDER ON PLAINTIFF’S EX PARTE
MOTION TO EXPEDITE DISCOVERY

v.
DOE-73.170.32.155
Defendant.

1. Plaintiff may serve a subpoena on Defendant’s ISP, Comcast Cable, seeking the name
and address of the subscriber assigned to Defendant’s IP address.
2.

The subpoena must provide a minimum of forty-five (45) days notice before any
production and shall be limited to one category of documents identifying the
particular subscriber listed on Exhibit 1 to Plaintiff’s Complaint. (ECF No. 1-1.) The
requested information should be limited to the name and address of the subscriber.
Comcast Cable may seek a protective order if it determines there is a legitimate basis
for doing so.

3. Comcast Cable shall have fourteen (14) calendar days after service of the subpoena to
notify the subscriber that his or her identity has been subpoenaed by Plaintiff. The
subscriber whose identity has been subpoenaed shall then have thirty (30) calendar

ORDER ON PLAINTIFF’S EX PARTE MOTION TO EXPEDITE DISCOVERY

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days from the date of the notice to seek a protective order or file any other responsive
pleading.
4. Plaintiff shall serve a copy of this Order with any subpoena obtained and served
pursuant to this Order to Comcast Cable. Comcast Cable, in turn, must provide a copy
of this Order along with the required notice to the subscriber whose identity is sought
pursuant to this Order.
5. No other discovery is authorized at this time.
IT IS SO ORDERED.

4/28/16
DATED: ________________________.

__________________________________
United States District Magistrate
Judge Howard R. Lloyd

Prepared and Submitted By:
James S. Davis Cal Bar No. 207963
E-mail: [e-mail]
[phone]
Of Attorneys for the Plaintiff

ORDER ON PLAINTIFF’S EX PARTE MOTION TO EXPEDITE DISCOVERY

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