NU IMAGE, INC. v. DOES

Filing 5

MOTION for Order FOR LEAVE TO TAKE DISCOVERY PRIOR TO RULE 26(f) CONFERENCE by NU IMAGE, INC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Text of Proposed Order)(Kurtz, Nicholas)

UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF COLUMBIA
NU IMAGE, INC.

)
)
Plaintiff,
)
)
v.
)
)
DOES 1 – 6,500
)
)
Defendants.
)
_______________________________________)

CA. 1:11-cv-00301-RLW

[PROPOSED] ORDER GRANTING PLAINTIFF’S MOTION FOR LEAVE TO TAKE
DISCOVERY PRIOR TO RULE 26(f) CONFERENCE
The Court has read all the papers filed in connection with the Plaintiff’s Motion for
Leave to Take Discovery Prior to the Rule 26(f) Conference (“Motion”), and considered the
sworn declarations and issues raised therein, including the relevant privacy issues and the unique
aspects of “torrent” infringement.
ORDERED that Plaintiff’s Motion for Leave to Take Discovery Prior to the Rule 26(f)
Conference is GRANTED.  ORDERED that Plaintiff is allowed to serve immediate discovery on
the internet service providers (ISPs) listed in Exhibit C to Plaintiff’s Motion to obtain the identity
of each Doe Defendant, including those Doe Defendants for which Plaintiff has already
identified an Internet Protocol (IP) address and those Doe Defendants for which Plaintiff
identifies IP addresses during the course of this litigation, by serving a Rule 45 subpoena that
seeks information sufficient to identify each Defendant, including name, current (and permanent)
addresses, telephone numbers, email addresses, and Media Access Control addresses, and the
ISPs shall respond to such subpoenas; it is further

1

ORDERED that the Plaintiff may serve immediate discovery on any ISP identified by the
same means detailed in the Declarations and Motion, or identified as providing network access
or online services to one or more Doe Defendants by an ISP upon whom a Rule 45 subpoena is
served, for which an infringing download has been identified by an individual IP address
together with the date and time access to the torrent network by such IP address was made for the
purpose of downloading unlawful copies of the Plaintiff’s copyrighted motion picture. Such
Rule 45 subpoena shall seek information sufficient to identify each Doe Defendant, including his
or her name, address, telephone number, e-mail address, and Media Access Control Address.
ORDERED any information disclosed to Plaintiff in response to a Rule 45 subpoena may
be used by Plaintiff solely for the purpose of protecting Plaintiff’s rights; it is further
ORDERED any ISP that receives a subpoena shall not assess any charge to the Plaintiff
in advance of providing the information requested in the Rule 45 Subpoena or for IP addresses
that are not controlled by such ISP, duplicate IP addresses that resolve to the same individual,
other IP address that does not provide the name and other information requested of a unique
individual, or for the ISP’s internal costs to notify its customers; and it is further
ORDERED that any ISP which receives a subpoena and elects to charge for the costs of
production shall provide a billing summary and any cost reports that serve as a basis for such
billing summary and any costs claimed by such ISP; it is further
ORDERED that if the ISP and/or any Defendant wants to move to quash the subpoena,
the party must do so before the return date of the subpoena or before the expiration of any notice
period provided by the ISP, whichever is earlier; it is further

2

ORDERED that the ISP shall preserve any subpoenaed information pending the
resolution of any timely filed motion to quash; and it is further
ORDERED that Plaintiff shall provide each ISP with a copy of this Order.

Dated: __________________________
Hon. Robert L. Wilkins
United States District Judge

3