Malibu Media v. John Does 1-42

Filing 30

Minute ORDER. Doe #41's Motion for Leave to Proceed Anonymously 25 is granted in part for the sole purpose of permitting Doe #41 to challenge the subpoena served on CenturyLink. Doe #41's Motion for Leave to File Under Restriction the Sup plement to the Motion to Proceed Anonymously 26 is granted in part and denied in part, and the Clerk of the Court is instructed to maintain Defendant Doe #41's Supplement to the Motion to Proceed Anonymously [26-1] under seal at Restriction Level 2, by Magistrate Judge Michael E. Hegarty on 9/27/12.(lygsl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 12-cv-01953-WYD-MEH PATRICK COLLINS, INC., Plaintiff, v. JOHN DOES 1-42, Defendants. MINUTE ORDER Entered by Michael E. Hegarty, United States Magistrate Judge, on September 27, 2012. Pending before the Court are Doe #41's Motion for Leave to Proceed Anonymously and Defendant Doe #41's Motion for Leave to File Under Restriction the Supplement to the Motion to Proceed Anonymously [filed September 24, 2012; docket #26]. The Court observes that both Motions refer to a subpoena served on CenturyLink; however, no motion to quash has been filed. Mindful that a motion to quash may be forthcoming, the Court finds as follows. Doe #41's Motion for Leave to Proceed Anonymously [filed September 24, 2012; docket #25] is granted in part for the sole purpose of permitting Doe #41 to challenge the subpoena served on CenturyLink. However, Doe #41's request to proceed anonymously throughout the entirety of discovery is denied as premature. In addition, Defendant Doe #41's Motion for Leave to File Under Restriction the Supplement to the Motion to Proceed Anonymously [filed September 24, 2012; docket #26] is granted in part and denied in part, and the Clerk of the Court is instructed to maintain Defendant Doe #41's Supplement to the Motion to Proceed Anonymously [docket #26-1] under seal at Restriction Level 2 until the Court orders otherwise. Though the Court acknowledges that Doe #41 has only requested a Level 1 restriction, the Court is concerned that providing Plaintiff’s counsel with Doe #41's identifying information will effectively render moot any forthcoming motion to quash. Therefore, in an abundance of caution, the Court will limit access to Doe #41's identifying information to the Court and to Doe #41's counsel until all issues arising from the CenturyLink subpoena have been resolved.

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