GUAVA LLC v. DOE

Filing 5

ORDER granting 3 Motion for Discovery. Ordered by Judge Hugh Lawson on November 2, 2012. (mbh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION

GUAVA LLC,
Plaintiff,
v.

Civil Action No. 5:12-CV-398 (HL)

JOHN DOE,
Defendant.

ORDER
This case is before the Court on Plaintiff’s Ex Parte Application for Leave
to Take Expedited Discovery (Doc. 3).
Plaintiff seeks the identity of the John Doe and his co-conspirators who
have hacked into Plaintiff’s protected computer systems. Plaintiff has moved the
Court for permission to serve subpoenas on Mediacom Communications Corp.,
RCN

Corporation,

Metrocast

Communications,

WideOpenWest,

Cox

Communications, and Charter Communications requesting that they all identify
the subscriber or customer to whom a certain IP address was assigned at the
time of the alleged hacking activity.
Plaintiff’s Ex Parte Application is granted. Plaintiff may serve subpoenas
on the listed internet service providers requesting information sufficient to identify
the subscriber or customer associated with the IP addresses listed in Exhibit A to
the Application. This discovery is conditioned as follows: (a) The internet service

providers have seven calendar days after service of the subpoenas to notify
subscribers that their identity is sought by Plaintiff; (b) each subscriber whose
identity is sought has 21 calendar days from the date of the internet service
provider’s notice to file any papers contesting the discovery requests; and (c)
Plaintiff is required to pay the internet service providers all reasonable costs of:
(i) compiling the requested information; (ii) providing pre-disclosure notifications
to subscribers; and (iii) all other reasonable costs and fees incurred in
responding to the subpoena. The internet service providers may provide notice
using any reasonable means, including but not limited to written notice sent to
the subscriber’s last known address, transmitted either by first class mail or via
overnight service.
If any subpoenaed internet service provider objects to providing the
requested information, it should file a motion to quash as provided by the Federal
Rules of Civil Procedure. The internet service providers are directed to preserve
any subpoenaed information pending the resolution of any timely-filed motion to
quash.
A copy of this Order should be served along with any subpoenas issued to
the internet service providers.

2

Any information disclosed to Plaintiff in response to the subpoenas may be
used by Plaintiff solely for the purpose of protecting Plaintiff’s rights under the
claims enumerated in the complaint.
No other discovery may be conducted without further order of the Court.
Plaintiff shall file an amended complaint no later than December 19, 2012 which
names the John Doe defendant identified through the discovery process. If
Plaintiff cannot file an amended complaint by December 19 for some reason,
Plaintiff is directed to file a motion for an extension of time containing a detailed
explanation of why the time limit cannot be met.

SO ORDERED, this the 2nd day of November, 2012.
/s/ Hugh Lawson
HUGH LAWSON, SENIOR JUDGE
mbh

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