Malibu Media v. John Does 1-42

Filing 34

MINUTE ORDER granting 31 Motion for Reconsideration and/or Modification of Order of September 27, 2012 30 . Doe #41 may proceed in this litigation anonymously through and including October 19, 2012, for the sole purpose of filing a motion to di smiss, a motion to sever, or negotiating a settlement with Plaintiff. In accordance with this order, Plaintiff is prohibited from publicly disclosing Doe #41's identity until further order of the Court by Magistrate Judge Michael E. Hegarty on 10/02/12.(jjhsl, )

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 October 2, 2012.
Pending before the Court is Doe #41's Motion for Reconsideration and/or Modification of
Order of September 27, 2012 [#30] [filed September 28, 2012; docket #31]. Counsel for Doe #41
represents that Doe #41 inadvertently revealed his identity to Plaintiff as a result of CenturyLink’s
instruction to contact Plaintiff’s counsel with questions regarding the subpoena. (See docket #31-1.)
In light of this disclosure, Doe #41 recognizes that any motion to quash is likely moot. Thus, Doe
#41 seeks permission to proceed anonymously for the purpose of filing a motion to dismiss and/or
to sever, or in the alterative, reaching a settlement.
Pursuant to D.C. Colo. LCivR 7.1C and in consideration of the circumstances described by Doe
#41, the Court decides the Motion without a response from Plaintiff. Because a motion to quash is
no longer forthcoming, the Court will modify its September 27, 2012 minute order [docket #30] and
grant Doe #41's Motion for Reconsideration and/or Modification of Order of September 27, 2012
[#30] [filed September 28, 2012; docket #31] as follows. Doe #41 may proceed in this litigation
anonymously through and including October 19, 2012, for the sole purpose of filing a motion to
dismiss, a motion to sever, or negotiating a settlement with Plaintiff. If, by October 19, 2012, Doe
#41 has not filed either of the aforementioned motions or notified the Court of a settlement, the
Court will remove any and all restrictions on Doe #41's identifying information.
In accordance with this order, Plaintiff is prohibited from publicly disclosing Doe #41's
identity until further order of the Court.