CELESTIAL INC v. DOES

Filing 11

ORDER granting 7 Motion for Leave to Take Discovery Prior to Rule 26(f) Conference. Signed by JUDGE RICHARD SMOAK on 3/18/2013. (jem)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
CELESTIAL, INC.,
Plaintiff,
v.

CASE NO. 5:12-cv-375-RS-CJK

DOES 173-377,
Defendants.
_________________________________________/
ORDER
The relief requested in Plaintiff’s Motion for Leave to Take Discovery Prior to
Rule 26(f) Conference (Doc. 7) is GRANTED. Good cause exists to permit expedited
discovery in copyright infringement cases where Plaintiff (1) makes a prima facie
showing on infringement, (2) there is no other way to identify the Doe Defendants, and
(3) there is a risk an ISP will destroy its logs prior to the conference. See UMG
Recording, Inc. v. Doe, 2008 WL 4104214, at *4 (N.D. Cal. 2008); Arista Records, LLC
v. Does 1-19, 551 F.Supp.2d. 1, 6-7 (D.D.C. 2008). Plaintiff has shown that there is good
cause to take discovery prior to the Rule 26(f) Conference. Plaintiff is granted leave to
issue Rule 45 subpoenas to the ISPs identified as of this date, and those it identifies in the
future, so that the ISPs can divulge the true name, address, telephone number, e-mail
address, and MAC address of each Doe Defendant.
ORDERED on March 18, 2013.
/S/ Richard Smoak
RICHARD SMOAK
UNITED STATES DISTRICT JUDGE