Malibu Media, LLC v. John Doe subscriber assigned IP address 71.237.107.180

Filing 24

MINUTE ORDER denying without prejudice 18 Motion to Quash by Magistrate Judge Michael E. Hegarty on 05/07/13.(jjhsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-00742-WYD-MEH
MALIBU MEDIA, LLC,
Plaintiff,
v.
JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 71.237.107.180,
Defendant.

MINUTE ORDER
Entered by Michael E. Hegarty, United States Magistrate Judge, on May 7, 2013.
Defendant John Doe’s renewed Motion to Quash or Modify Subpoena [filed April 29, 2013;
docket #18] is denied without prejudice for failing to comply with the Court’s April 26, 2013
order.
Defendant signed the present motion in compliance with Fed. R. Civ. P. 11(a), but requests
in the content of the motion that “no personal information be disclosed to the Plaintiffs [sic].” As
such, Defendant is seeking to proceed in this litigation anonymously. As directed in its previous
order, Defendant must seek permission from the Court to proceed anonymously in a properly
supported motion. See K-Beech, Inc. v. Does 1-29, 826 F. Supp. 2d 903, 905 (W.D.N.C. 2011)
(noting that a party who wishes to proceed anonymously may overcome the presumption against
anonymous proceedings by filing a well-reasoned motion to proceed anonymously); see also West
Coast Prods., Inc. v. Does 1-5829, 275 F.R.D. 9, 12 (D.D.C. 2011) (“federal courts generally allow
parties to proceed anonymously only under certain special circumstances when anonymity is
necessary to protect a person from harassment, injury, ridicule or personal embarrassment”).
Therefore, if Defendant wishes to re-file the motion to quash in accordance with this order and all
applicable local and federal court rules, Defendant may do so on or before May 13, 2013 and must
first (or contemporaneously) file a separate motion to proceed anonymously. Defendant need not
provide Defendant’s identifying information again; for purposes of any renewed motion(s), the
Court will consider the present motion as a “supplement” containing Defendant’s identifying
information.
The Clerk of the Court is instructed to maintain under Restriction Level 2 the document
located at docket #18 until further order of the Court, and to serve a copy of this order upon
Defendant pursuant to the information provided in docket #18.