NU IMAGE, INC. v. DOES

Filing 6

VACATED PURSUANT TO COURT ORDERED DATED 6/2/2011.....ORDER granting 5 MOTION FOR LEAVE TO TAKE DISCOVERY PRIOR TO RULE 26(f) CONFERENCE; it is hereby ORDERED that Plaintiff is allowed to serve immediate discovery on the internet service providers (ISPs) listed in Exhibit C to Plaintiffs 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; it is further ORDERED that any information disclosed to Plaintiff in response to a Rule 45 subpoena may be used by Plaintiff solely for the purpose of protecting Plaintiffs rights; it is further 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.. Signed by Judge Robert L. Wilkins on 3/17/2011. (See Order for full details) (tcb) . Modified on 6/2/2011 (tcb).

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

Civil Action No. 11-cv-00301 (RLW)

DOES 1 – 6,500,
Defendants.
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.
It is hereby 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
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
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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; it is further
ORDERED that 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 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.

SO ORDERED.
Date: March 17, 2011

/s/
ROBERT L. WILKINS
United States District Judge

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