Malibu Media, LLC v. John Doe subscriber assigned IP address 67.176.40.151
Filing
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ORDER granting 8 Motion for Leave to Serve a Third Party Subpoena Prior to a Rule 26(f) Conference, by Magistrate Judge Craig B. Shaffer on 2/26/13.(cbssec)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:13-cv-316-CMA -CBS
MALIBU MEDIA, LLC,
Plaintiff,
v.
JOHN DOE subscriber assigned IP
address 67.176.40.151,
Defendant.
_________________________________/
ORDER ON MOTION FOR LEAVE TO SERVE
THIRD PARTY SUBPOENA PRIOR TO A RULE 26(f) CONFERENCE
THIS CAUSE came before the Court upon Plaintiff’s Motion for Leave to Serve A
Third Party Subpoena Prior to a Rule 26(f) Conference (the “Motion”), and the Court
being duly advised in the premises does hereby:
FIND, ORDER AND ADJUDGE:
1.
Plaintiff established that “good cause” exists for it to serve a third party
subpoena on the Internet Service Provider listed on Exhibit A to the Motion (the “ISP”).
See UMG Recording, Inc. v. Doe, 2008 WL 4104214, *4 (N.D. Cal. 2008); and Arista
Records LLC v. Does 1-19, 551 F. Supp. 2d 1, 6-7 (D.D.C. 2008).
2.
Plaintiff may serve the ISP with a Rule 45 subpoena commanding the ISP
to provide Plaintiff with the true name, address, telephone number, and e-mail address
of the Defendant to whom the ISP assigned an IP address as set forth on Exhibit A to
the Motion. Plaintiff shall attach to any such subpoena a copy of this Order.
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3.
Plaintiff may also serve a Rule 45 subpoena in the same manner as above
on any service provider that is identified in response to a subpoena as a provider of
Internet services to one of the Defendants.
4.
If the ISP that qualifies as a “cable operator,” as defined by 47 U.S.C. §
522(5), which states:
the term “cable operator” means any person or group of persons
(A) who provides cable service over a cable system and directly or
through one or more affiliates owns a significant interest in such
cable system, or
(B) who otherwise controls or is responsible for, through any
arrangement, the management and operation of such a cable
system.
shall comply with 47 U.S.C. § 551(c)(2)(B), which states:
A cable operator may disclose such [personal identifying] information if the
disclosure is . . . made pursuant to a court order authorizing such
disclosure, if the subscriber is notified of such order by the person to
whom the order is directed.
by sending a copy of this Order to the Defendant.
5.
The subpoenaed ISP shall not require Plaintiff to pay a fee in advance of
providing the subpoenaed information; nor shall the subpoenaed ISP require Plaintiff to
pay a fee for an IP address that is not controlled by the ISP. If necessary, the Court
shall resolve any disputes between the ISP and Plaintiff regarding the reasonableness
of the amount proposed to be charged by the ISP after the subpoenaed information is
provided to Plaintiff.
6.
Plaintiff may only use the information disclosed in response to a Rule 45
subpoena served on the ISP for the purpose of protecting and enforcing Plaintiff’s rights
as set forth in its Complaint.
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February
26th
DONE AND ORDERED this ___ day of ________________, 2013.
By: ____________________________________
UNITED STATES DISTRICT JUDGE
Craig B. Shaffer
United States Magistrate Judge
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