Strike 3 Holdings, LLC v. JOHN DOE subscriber assigned IP address 73.223.138.16

Filing 7

ORDER ON 6 EX-PARTE APPLICATION FOR LEAVE TO SERVE THIRD PARTY SUBPOENA PRIOR TO A RULE 26(F) CONFERENCE. Signed by Magistrate Judge Susan van Keulen on 3/5/2018. (ofr, COURT STAFF) (Filed on 3/5/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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STRIKE 3 HOLDINGS, LLC,

Case No. 5:18-cv-01174-SVK

Plaintiff,

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

vs.

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JOHN DOE SUBSCRIBER ASSIGNED IP
ADDRESS 73.223.138.16,

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Defendant.

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THIS CAUSE came before the Court upon Plaintiff’s Application for Leave to Serve a
Third Party Subpoena Prior to a Rule 26(f) Conference (the “Application”), and the Court being
duly advised does hereby:
FIND, ORDER AND ADJUDGE:

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Plaintiff’s ex parte application for leave to serve a third party subpoena on Comcast Cable

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Re: Dkt. No. 6

Communications, LLC before the Rule 26(f) conference is GRANTED on the following conditions:
§

The subpoena shall only request the actual name and address of the subscriber to whom
Comcast Cable Communications, LLC assigned the above-captioned IP address during the
time frame from 14 DAYS BEFORE the date of the first alleged infringing act to 14 DAYS
AFTER the date of the last alleged infringing act as set forth in Exhibit A to the Complaint.

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[Proposed] Order on Ex-Parte Application for Leave to Serve Third Party Subpoena Prior to a Rule
26(f) Conference
Case No. 5:18-cv-01174-SVK

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§

Plaintiff shall attach a copy of this order to the subpoena.

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§

Plaintiff may not use any information disclosed by Comcast Cable Communications, LLC

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for any purpose other than protecting its rights as set forth in the Complaint.
§

Comcast Cable Communications, LLC shall, in turn, serve a copy of the subpoena and a

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copy of this order on the subscriber within 14 DAYS of the date of service on Comcast

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Cable Communications, LLC.

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§

The return date on the subpoena shall be no less than 45 DAYS from the date of service on

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Comcast Cable Communications, LLC. Comcast Cable Communications, LLC shall not

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disclose any identifying information about defendant to Plaintiff prior to the return date or

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prior to the resolution of any motions to quash or modify the subpoena.
§

Defendant John Doe will have 30 DAYS from the date of service upon him or her to file any

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motions contesting the subpoena (including a motion to quash or modify the subpoena) with

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the Court for the district where compliance with the subpoena is required.

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§

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Comcast Cable Communications, LLC shall preserve any subpoenaed information pending
the resolution of any timely-filed motion to quash or modify the subpoena.

§

If Comcast Cable Communications, LLC produces information regarding the Doe

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Defendant to Plaintiff, Plaintiff shall not publicly disclose that information until Defendant

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has an opportunity to file a motion with this Court to be allowed to proceed in this litigation

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anonymously and that motion is ruled on by the Court. If Defendant fails to file a motion for

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leave to proceed anonymously within 30 DAYS after his or her information is disclosed to

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Plaintiff, this limited protective order will expire. If Defendant includes identifying

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information in his or her request to proceed anonymously, the Court finds good cause to

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order the papers filed under seal until the Court has an opportunity to rule on the request.

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See Digital Sin, 2011 WL 5362068, at *4. In the event Defendant’s request is placed under

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seal, the court will direct Defendant to submit a copy of the under-seal request to Plaintiff

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and will ensure that Plaintiff has time to respond.

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[Proposed] Order on Ex-Parte Application for Leave to Serve Third Party Subpoena Prior to a Rule
26(f) Conference
Case No. 5:18-cv-01174-SVK

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§

Plaintiff must seek leave to serve subpoenas on any service provider other than Comcast
Cable Communications, LLC in this matter.

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SO ORDERED.

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Dated: March 5, 2018
HON. SUSAN VAN KEULEN
United States Magistrate Judge

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[Proposed] Order on Ex-Parte Application for Leave to Serve Third Party Subpoena Prior to a Rule
26(f) Conference
Case No. 5:18-cv-01174-SVK