Killer Joe Nevada, LLC v. Does 1-100

Filing 5

ORDER AND OPINION directing the plaintiff to immediately contact the ISPs to rescind and withdraw previously-issued subpoena for each such defendant. Any information that plaintiff may have obtained through these previously-issued subpoenas must be r eturned. Plaintiff shall ensure that this information is communicated to each ISP by June 25, 2013 and shall report back to the Court by July 1, 2013, providing copies of these letters to each ISP, as well as a report as to its compliance with this Order. Signed by Judge Julie E. Carnes on 6/18/13. (Attachments: # 1 Attachment 1, # 2 Attachment 2, # 3 Attachment 3, # 4 Attachment 4)(ddm)

NE&TO

650 Centerton Road
MOOrestoW1l. NJ 08057
866-947-8572 Tel
866-947-5587 Pax

c"":OMCAST
June 12, 2013

Personal and Confidential

Viti UPS & USPS Delivery

Re:

Killer Joe Nevada, ILC v. Does 1-57

United States District Court for the Northern District of Georgia

Docket No.: 1:13-cv-01527

Order Entered: May 8, 2013

Corneast File #: 478362

De~
Killer Joe Nevada. LLC has filed a federal lawsuit in the United States District Court for the Northern
District of Georgia. You have been identified in our records via your assigned Internet Protocol ("IP") address,
which. is unique teeachintemet user, in this lawsuit for allegedly Killer Joe Nevada, LLC's copyrights on the
Internet by uploading or downloading content without permission. This was allegedly done using a device
assigned the IP address 24.126.148.38 on OU1212013 07:02:55 AM GMT. The court has ordered Corneast to
supply your name, address and other information Killer. Joe Nevada, LLC in the attached Order and
accompanying Subpoena. The case has been assigned Docket Number 1:13-cv~01527 by the court. If you have
any questions about the lawsuit. you should consult an att.omey inunediately. Comcast cannot and wiD not
Rrovide aoy legal advice.
COInCaSt.will provide. your name, address, and other inf~tion as directed in the Order and Subpoena

unless

YQU or your attorney file a protective motion to quash or vacate the Subpoena in the court where the
s~J?oena was issued no later than .filly 15, 2013. If you make this fUing. you must notify Corneast in writing
with a copy arid proof of filing by sending it via fax to [phone] no later
.July 15, 2013. Please
no~~thal Comcast cgQt accept or file any legal. action on your behalf'. If you do not file a motion to quash or

lAAn

vcacate the Subpoena by this 4ate~ OI: if you fail to notify Corneast of your filing by this date. Corneast will
provide your name, address and oth~ information as directed in ~e Order to. the Plaintiff.

If you have l~gal questio.ns about this matter, please contact an attemey.
Sincerely yours,
Comcast Legal Response Center

Attaclunents:.

Copy of Subpoena and accompanying Court Order regarding civil action

Attachment #2

',.

,

.
NO I? Address
2 173.15.210.225
1 71.59.24.241
3 98.251.31.41
4 24.126.249.105
6 24.126.157.38
11 76.17.102.161
1398.252.204.227
1467.191.179.70
15 98.251.114.196
17 24.126.245.62
20 24.98.166.128
21 67.166.225.147
22 67.191.207.140
24

27 98.252.162.186
2876.105.82.212
39 24,99.37.233
30 71.204.12.126
31 71.199.169.142
33 24.3032.31
34 67.191.166.140
3S 71.59.55.86
36 24.98.65.l64
40 66.56.15.115
42 98.251.41.99.
4398.242.64.207
44 76.97.209.40
45 50.150.15.163
46 24.98.74.222
47 98.251.25.191
4824.98.102.217
5076.20.253.183
51 24.98.127.18
53 76.122.87.67
54 24.126.241.100
55.98.251.33.228
57 98.251.88.191

P2PClient
SoMud 1.3.6.0
BltTorrent 7.7.3
I1Torrent 3.2.2
J,lTorrent 3.0.0
Vuze 4.8.0.0
IlTorrent 3.2.3
81tComet 1.32
IlTorrent 3.2.3
Vuze 4.8.1.2
Vuze 4.8.0.0
Vuze 4.8.0.0
BitTorrent 7.3.5
IlTorrent 3.2.3
Vuze 4.5.0.4

HitDateUTC (MM/DD!yy).ISP
01/16/2013 03;13:00 AM Comcast 8us.
01/12/2013 06:51:20 PM ComeastCabie
01/16/2013 02:11:41 AM Comeast Cable
01/16/2013 01:59:43 AM Comcast Cable
01/lS/2013 06:22:06 PM Co.mcast Cable
01/14/2013 10:29:49'PM Comcast Cable
01/14/2013 02:14:51 PM ComcastCable
01/14/2013 09:39:31 AM ComeastCable
01/14/201303:19:02 AM Coment Cable
01/14/2013 02:04:49 AM Comeast Cable
01/12./2013 11:45:04 PM Comeast Cable
01/16/201308:01:29 PM ComcastCabie
01/12./2013 05:09:14 PM Comcast Cable
07:05:44 AM Comcast Cable

city
District
Province
Acworth
GecrCla Northern Cobb
Alpharetta Georgia Northern fulton
Atlanta
Georgia Northern DeKalb
Canton
Georgia Northern Cherokee
Atlanta
Georgia Northern DeKalb
Conyers
Georsl!! Northern Rockdale
Riverdale Georgia NorthernOayton
Marietta
Georgia Northern Cobb
Atlanta
Georgia Northern DeKalb
Atlanta
Georgia Northern DeKalb
Atlanta
Georgia Northern o.Kalb
Rillerdale Georgia Northern Clayton
Morrow
Georgia Northern Clayton
Stone Moun Georgia Northern DeKalb

BitTorrent 7.7.3 01/11/201310:19;27 PMComeast ~ble
BltTorreot7.2.1 OUl1/2013 08:49:47 PM ComeastCabie
Vuze 4.8.1.2
01/11/201S 08:26:52 PM Comcast Cable
BltComet 1.34 01/11/2013 02:15:29 PM Comeast ~blj!
Vuze 4.5.0.4
01/11/2013 02:00:40 PM Comeast ~ble
I1Torrent 3.1.3 01/11/2013 03:38:17 AM Comcast Cable
I1Torrent 3.2.3 01/11/201302:28:30 AM COlnCast Cable
I1Torrent 3.2.3 01/11/201302:29:50 AM Corncast ~ble
BitTorrent 7.7.0 01/11/2013 02:02:40 AMComclI~ Cable
Vuze 4.5.0.4
01/11/201312:26:41 AM Comcast Cable
Vuze 4.7.0.2
01/10/2013 10:56:53 PM Comeast cable
IlTorrent Mac 1. 01/10/201309-.32:40 PM Comcastcable
IlTorrent 3.2.3 01/10/201308:11:51 PM Comeast Cable
BitTorrent 7.1.0 01/10/2013 07:59:35 AM Comcast Cable
I1Torrent 3.2.2 01/10/201307;16:27 AM Comast Cable
Vuze 4.8.0.0
01/10/2013 05:24:45 AM Comeast Cable
I1Torrent3.2.0 01/10/201304:12:36 AM ComeastCable
BltTorrent7.7.3 01/10!2013 01:49:52 AM ComeastCable
~Torrent 3.2.0 01/10/2013 01:29:44 AM Comeast cable
Vuze4.5.0.4
01/09/201309:12:53 PM Comcast Cable
Vuze 4.8.0.0
01/09/201306:46:31 PM Corrieast Cable
IlTorrent 3.2.0 01/09/2013 04:53:35 PM Comcast Cable
BitTorrent 7.6.0 01/09/201307:58;53 AM Comeast Cable

~Ihoun
Georgia Northern Gordon
Tucker
Georgia Northern o.Kalb
Morrow . Georgia Northern Clayton
Atlanta
Georgia Northern DeKalb
loganville Georgia Northern Gwlnnett
loganvllle Georgia Northern Gwlnnett
Loganville Georgia Northern Gwlnnett
Calhoun
Georgia Northern Gordon
Atlanta
Georgia Northern DeKalb
Decatur
Georgia Northern DeKalb
Stone Moun Georgia Northern DeKalb
Atlanta
Georgia Northern DeKalb
Atlanta
Georgia Northern DeKalb
Smyrna
Georgia Northern Cobb
Dllcula
Georgia Northern Gwlnnett
Griffin
Georgia Northern Spalding
Atlanta
Georgia Northern DeKaib
Decatur
Georgia Northern DeKalb
Atlanta
Georgia Northern DeKalb
Atlanta
Georgie Northern DeKalb
Conyers . Georgia Northern Rockdale
Atlanta
Georgia Northern DeKalb
Atlanta
Georgia Northern DeKalb

·

.

AO 88B (Rev 061(9) Subpoena to ProduceDocuments,lnformation. or Objects or to Permit Inspection of ?r"emises in a Civil Action

UNITED STATES DISTRICT COURT
for the

Northern District ofGeorgia
KILLER JOE NEVADA. LLC

Pl8Jruifl

v.
DOES 1-57

)

)

)
)
)
)

Civil Action No.

1:13-CV..Q1527-JEC

Of the action is pending in another district, state whl:re:

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS

OR TO PERMIT INSPECTION OF PREMISES IN A ClVILACfION

To: Custodian of Records, Comcast Cable Communications Management, LLC

g Production: YOU ARE COMMANDED to produc~ at the time, date, and place set forth below th.e following
documents, electronically stored information, or objects, and permit their inspection, copying, testing, or sampling of the
material:. described in Exhbit A attached hereto

~.----------------------------------------~----~~-------------------------.

Place: Via mall to 2849 Paces Feny Roa<:l. Suite 640, Atlanta,
GA 30339 OR email [e-mail]

Date and Time:

09/30/2013 12:00 pm

a Inspection ofPremises: YOU A.J.lE COMMANDED to permit entry onto the designated premises. land. or
other property possessed or controlled by you at the time, date, and location Set forth below, so that the requesting party
may inspect, measure, survey. photograph. test, or sample tbe property or any designated object or operation on it.

I

Date ..d Time;

The provisions of Fed. R. Civ. P. 45{c), relating to your protection as a person subject to a subpoena, and Rule

45 (d)

and (e). relating to your duty to respond to this subpoena and the potential consequences of not doing so, are

attached.
Date:

0512012013
CLERK OF COURT

OR
Sig1ltlture ofClok or Deputy Cleric.

The name, address, e-mail, and telephone number of the attorney representing (name ofpany)
Plaintiff Killer Joe .
Nevada, LLC
• who issues or requests this subpoena, are:
Alan Kan, Kan & Clark LLP, 2849 Paces Ferry Rei Suite 640, Atlanta, GA 30339, [e-mail],
678-298-7911

'.
AO &8B (Rev. 06109) Subpoena to Produce Documents, Information, or Objects Of to Permit ln3pec1i0ll ofPlemlse!; in a Civil Aetioll(Page 3)

Federal Rule oCCivil Procedure 45 (c), (d), and (c) (Effective 12/1/07)
(c) ProIeetiDg a PersoD SlIt,jed: to a Subpoena.
(1) A"aiding Undue Burden or Erpens'i Sonctions. A party Of

(d) Duties in Respondiog to a Subpeena.
(1) Protiueing Documsntsor EltctrollicDlIy Stored In/ormation.

attorney responsible for issuing and serving a subpoena must take
reasonable steps to avoid imposing undue burden or expense on a
person subject to the subpoena. The issuing court must el)furce this
duty and impose an appropriate sanction - wllien may include lost
earnings and reasonable attorney's fees-on a party or attorney
who wls to comply.
(2) COmmtUltl to Protlru:fI Materials or Permit 1nspectJo1l..
(A) Appearance.N()(; RequiTed. A person commanded to produce
documents, electroni~l)' stored Information, or tangible things, or
to permit the inspection of premises. need not appear in person at the
place ofproduction or inspection unless also comrnandedto appear
for a deposition. hearing, or trial.
(D) Objections. A person commanded to produce documents or
tangible things or to permit inspection may servc on the party or
attorney deJignated in the subpoena a written objection to
inspecting, copying, testing or sampling any or all olthe materials or
to inspecting the premises -.of to producing electronically stored
information in the form or forms requested. The objeotion muat be
servcdbefurc the earlier ofthe time specified for compliance or 14
daysafle:r the subpoena is served. If an objc:etion is made. the
following rules appJy:
(i) At any lime, on notice to the commanded person, the serving
party may move the issuing court for an order compelling production
or inspection.
(0) These acts may be required only as directed in the oreier, and
t.1e order must protect a person who is neither a party nora party's
officer· from significant expense resulting from compliance.
(3) (J,lUUhing or Modif1lng nSubpoena.
(A) When Required. On timelY motion, the issuing court must
quash or modify a subpoena that:
(i) flUls to allow a reasonable time to comply;
(ii) reqWtellll person who is neither a patty nor a.party's officer
to travel more than 100 miles fi.om where that person resides, is
employed" or regularly transacts business in person - ex.cept that,
subject to Rule 45(c:)(3)(B)(ii1). the person may be commanded to
attend a trial by traveling from any such plaee within the: state where .
the trial is held;
(iii) requires disclosure ofprivileged or other protected matter, if
no exception or waiver applies; or
(Iv) subjects a person to undue burden.
(8) When Permitted. To protect a person subject to or affected by
!l subpoena, the issuing court may, on motion, quash or modii)! the
subpoena if it requires:
(i) disclosing a tradc secret or ollier confidential research,
development, or commercial information;
(Ii) disclo~ing an unretained expert's opinion or information that
does not describe specific occurrences. in dispute and results from

These procedures apply to producing documcnts or electronically
stored informalion:
(A) Dor::#r1W'Its. A pcrson respondillg 10 a subpoena to produce
documents mw:t produce them as they are kept in the ordinary
C:OUlSe ofbusincss or must organize and label them to correspond to
the categories in the demand.
(B) Form for Pl'Oducing Elecrronkally Stored Information Not
Specified; lfa: subpoena does not specity alorm for producing
eleetronically stored information, the person responding must
produce it in a form or forms in which it is ordinarily maintained or
in a reasonably .usable form or fonns.
(C) Electronically Storedlrrj'ortntnicn Produced in Only One
Form. the person responding need not produce the same
electronically stored information in more than one form.
(D) Inaccessible ElecrronJcallySr.oredlnjormation. The person
responding need not provide discovcry of electroni(lally stored
information from sources that the person identifies as not reasonably
aeeessibJc becausc ofundue burden or cost On motion to compel
discovery or for a protective order, the person responding mlL~ show
that the information is not rwonably accessible beetlUse of undue
burden or cost. If that sbowing is made, the court may nonetheless
order discovery from such sources if the requesting party mows
good cause, colUlidering the limitations ofRule 26(b)(2)(C). The
court may specify conditions fur the discovery.
(Z) Cl4imingPrMlege Dr Protection.
(A) In/ormation WUhheld. A person withholding subpoenaed
information under a claim that it is privileged 01 subject to
prote;ctiol'l as trial-preparation material must:
(I) expressly make the claim; and
(ii) describe the nature ofthe withheld documents,
communications. or tangiblc tbings in a manner that, without
revealing information itself privileged or protected, will enable the
parties to assess the claim.
(B) Information Produced. If information produced in response to a
subpoena is subject to a claim ofprivilege or ofprotection as trial­
preparation material. the person making the claim may notify any
party that received the information of the claim and the basis for it.
After being notified, a party must promptly return, sequester, C»'
destroy the specified information and any copies it has; must not use
or diselosetbe information until the claim is resolv.ed; mlJSt take
rcasonable steps to retrieve the information jf the party disclosed it
be1brcbeing notified; and may promptly present the inrormation to
the court under seal for adetennination ofthe claim. The person
who produced the information must preserve the information until
lhe claim Is resolved.

1.1:.", "'AfA4t'i\

who, havins bc.cn

.,l.tAI,. iJU:l~ WG:iI ,.ul H;.."I~l.W v,r

Q.

p.:uLJ'; VI

(iii) a person who is neither. a party nor a party's offICer to moor
substantial ex.pense to travel more than 100 miles to attend trial.
(C)·Specifying Conditions as an.Abenwlive. rn the circumstances

desctibed in Rule 4S(c){l)(B). the court may. instead of Cj\WIhing or
modifying II. subpoena, order appearance or production under
specified conditions if the serving party:
(I) shows a substantial need for the testimony or material that

cannot be otherwise met without undue hardship; and

Gil erumrl!~ that thP. "uh(v\enaed perMn will be .f"Jl!!nnably
compensated.

<

(e) CGDtempt. The issuing court may hold in contempt II person
#ot"'Ycd,

£o.U:t without o.OCA:JU4tC.

CtX:GUtKi

to ~y tho",

subpoena. A nonparty's failure to obey must be excused ifthe
subpoena purporta to require the nonparty to attend or produce at II
place outside the limits ofRule 45(c)(3)(A){ii).

...

-.
AU UB (IUv. 0i5t09) Subpooaa to Produce f.l(IcUmenB. Infntmatlon. or 0l)j<lt:1I or 10 Pctmit Ins)llOllion of>nmis•• in. C;\lil M1io.

ATTACHMENT TO SUBPOENA TO PRODUCE INFORMAnON

Provide all records and other information relating to each of the following IP addresses
attached hereto induding the following:
In accordance with the conditions in the attached order, provide the name, current
(and permanent) addresses, telephone numbers, e-mail addresses and Media Access
Control addresses of all individuals whose IP addresses are listed in the attached
spreadsheet (paper and CD format).

Case 1:13-cv-01527-JEC Document 3 Filed 05/08/13 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
KILLER JOE NEVADA, LLC
)

Plaintiff,

)

1:13-cv-1527-JEC
Case No.: TBD

)

v.

)
)

DOES 1-57,

) JURY TRIAL DEMANDED
)
)

Defendants.

Plaintiff
scope

and

provides

parameters

this
of

[proposed]

the

Order

requested

to

define

expedited

the

discovery.

WHEREFORE:
IT

IS

ORDERED that

Plaintiff's Motion for

Leave to Take

Discovery Prior to Rule 26(f) Conference is granted;
IT IS FURTHER ORDERED that, subject to the protective order
set out herein,
Nevada l , )

may

Plaintiff Killer Joe Nevada, LLC

immediately serve

a

Rule

(~Killer

subpoena

45

on

Joe
the

ISPs

listed in Exhibit· A to the Complaint to obtain information to
identify Does I-57,

specifically his or her name I

address, phone number, and email address.
information is

consistent

with

the
1

address,

MAC

The disclosure of this

ISPOs'

obligations

under

the

Case 1:13-cv-01527-JEC Document 3 Filed 05/08/13 Page 2 of 5

Cable Service Privacy Act , 47 U.S.C. § 551(c) (2) (B), which provides:
(2) A
cable
operator
may
disclose
identifiable] information if the disclosure is

[personally

(B)
subject to subsection
(h)
of this section, made
pursuant to a court order authorizing such disclosure, if
the subscriber is notified of such order by the person to
whom the order is directed.
The subpoena shall have a copy of this order attached;
IT IS FURTHER ORDERED that the lSP will have 30 days from
the date of service of the rule 45 subpoena upon them to serve
Does 1-57 with a copy of the subpoena and a copy of this order.
The

ISPs

may

serve

Does

using

any

reasonable

means,

including written notice sent to his or her last known address,
transmitted either by first-class mail or via overnight service;
IT IS FURTHER ORDERED that

Does

1-57 shall have 30 days

from the date of service of the Rule 45 subpoena and this Order
upon her or him to file any motions with this Court contesting
the

subpoena

subpoena)

I

anonymously.
for

as

(including
well

motion

to

quash

any

as

a

or

request

to

litigate

modify
the

the

subpoena

Should any John Doe file a motion to quash, motion

protective order,

motion

similarly styled motion

to dismiss,

seeking

2

similar

motion
relief,

to
that

sever,

or

specific

,

,

Case 1:13-cv-01527-JEC Document 3 Filed 05/08/13 Page 3 of 5

John Doe's information will be withheld from the Plaintiff until after the
Internet Service Provider to Plaintiff.

The ISPs may not turn

over the Doe defendants' identifying information to Killer Joe Nevada
before the expiration of this 30-day period.

Additionally, if a

defendant or ISP files a motion to quash the subpoena,
may not turn over the moving Does'
until

the

Order

instructing

the ISPs

information to Killer Joe Nevada

issues have been addressed and the Court issues
the

ISPs

to

resume

in

turning

over

an
the

requested discovery;
IT

IS

preserve
any

FURTHER

ORDERED

any subpoenaed

tiqlely-filed

that

the

subpoenaed

information pending

motion

to

quash

or

other

the

entity

shall

resolution

similarly

of

styled

motion;
IT

IS

FURTHER ORDERED

if that 30-day period lapses

that

without a Doe defendant or ISP contesting the subpoena, the ISPs
shall have 10 days to produce the information responsi',e to the
subpoena to Plaintiff.
modify the

subpoena,

A Doe defendant who moves to quash or
or

to

proceed anonymously,

shall

at

the

same time as her or his filing also notify her or his ISP so
that the ISP is on notice not to release that Doe defendant I s
contact information to

Plaintiff until

such motions.
3

the Court

rules on

any

Case 1:13-cv-01527-JEC Document 3 Filed 05108/13 Page 4 of 5

IT IS FURTHER ORDERED that, to maximize judicial efficiency, the
Court will delay ruling on all Doe motions to quash, motions for
protective order, motions to dismiss, motions to
styled motions

seeking

have been filed.

similar

sever,

or

similarly

relief filed until all such motions

All such motions should be filed by deadline set ,

2015. out in ord,er.
IT IS FURTHER ORDERED that counsel for Plaintiff will file

a

single

opposition

protective

order,

similarly

styled

to

all

motions
motions

motions

to

dismiss,
seeking

to

quash,

motions
similar

motions
to

sever,

relief

for
or

filed.

Plaintiff's opposition is due
, 2D13.30 days after the
deadline for above-described motions by John Does for the last
ISP served.
IT IS FURTHER ORDERED that any John Doe who has filed a
motion to quash, motion for protective order, motion to dismiss,
motion

to

sever,

or

similarly

styled

motion

relief, if they so choose, can file a _

seeking

similar

reply 'hb"'yr-_-_-_-.::::::::::::-,-"J2-f'Or'tl~3.

IT IS FURTHER ORDERED that an ISP that receives a subpoena
pursuant to this order shall confer with Killer Joe Nevada and shall
not

assess

any

charge

in advance of providing the

requested in the subpoena.
elects to

charge

for

the

information

An ISP that receives a subpoena and
costs

of production

shall

provide a

billing summary and cost report to Plaintiff.
IT IS FURTHER ORDERED that Killer Joe Nevada shall serve a copy
4

·.

Case 1:13-cv-01527-JEC Document 3 Filed 05/08/13 Page 5 of 5

of this Opinion and Order aloIlg with any subpoenas issued pursuant to
this order to the list:ed ISPs. IT
information

IS

FURTHER

ORDERED

of

protecting,

solely

/s/ Julie E. Carnes
Honorable District Court Judge
Northern District of Georgia
8,

for

the

investigating and resolve Killer Joe Nevada's

rights as set forth in its Complaint.

Dated MAY

any

ultimately disclosed to Killer Joe Nevada response to

Rule 45 subpoena may be used by Killer Joe Nevada
purpose

that

2013

5