Boy Racer, Inc. v. John Does 1-34

Filing 69

ORDER granting 66 Application for Leave to Take Expedited Discovery to Identify John Doe; denying as moot 67 Motion for Hearing. Signed by Magistrate Judge Jonathan Goodman on 7/12/2012. (dkc)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION
Case No. 11-23035-CIV-GRAHAM/GOODMAN

BOY RACER, INC.,
Plaintiff,
v.
DOES 1-34,
Defendant.
_______________________________________
ORDER GRANTING APPLICATION
FOR LEAVE TO TAKE EXPEDITED DISCOVERY TO IDENTIFY JOHN DOE
This cause is before the Court on Plaintiff’s Application for Leave to Take Expedited
Discovery to Identify John Doe (the “Application”) and accompanying Motion for Hearing.
[ECF Nos. 66; 67]. On July 6, 2012, the Undersigned entered an endorsed order imposing a July
11, 2012 deadline for the proposed deponent to submit a response but not requiring him to file
one. [ECF No. 68]. The deadline has passed and no response was filed.
It is therefore ORDERED and ADJUDGED that Plaintiff’s Application [ECF No. 66] is
GRANTED. Plaintiff is authorized to serve a deposition subpoena, without a production of
documents request, on Jeffrey Merritt, the alleged account holder of Internet Protocol (IP)
address 98.254.25.208. The scope of the deposition shall be limited solely to discovering the
identity of the alleged infringer who allegedly used this IP address to distribute Plaintiff’s
copyrighted videos.

Because the Undersigned has already granted Plaintiff’s Application, the Motion for
Hearing [ECF No. 67] is DENIED AS MOOT.
DONE and ORDERED, in Chambers, in Miami, Florida, this 12th day of July, 2012.

Copies furnished to:
The Honorable Donald L. Graham
All counsel of record

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