First Time Videos, LLC v. Does 1-76

Filing 10

ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO TAKE DISCOVERY PRIOR TO THE RULE 26(f) CONFERENCE Signed by the Honorable Elaine E. Bucklo on 6/16/2011:Mailed notice(mpj, )

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

FIRST TIME VIDEOS, LLC,
Plaintiff,
v.

CASE NO. 11-cv-3831
Judge: Hon. Elaine E. Bucklo
Magistrate Judge: Hon. Michael T. Mason

DOES 1 – 76,
ORDER
Defendants.

ORDER GRANTING PLAINTIFF’S MOTION FOR LEAVE TO TAKE DISCOVERY
PRIOR TO THE RULE 26(f) CONFERENCE
The Court has reviewed the Complaint with attached Exhibits, Plaintiff’s Ex Parte
Motion for Leave to Take Discovery Prior to the Rule 26(f) Conference and all the papers filed
in connection with the motion, and relevant case law. Accordingly, it is hereby
ORDERED that Plaintiff’s Ex Parte Motion for Leave to Take Discovery Prior to the
Rule 26(f) Conference is GRANTED; it is further
ORDERED that Plaintiff may immediately serve Rule 45 subpoenas, which are limited to
the following categories of entities and information:
From Internet Service Providers (ISPs) identified in the Exhibit A attached to the
Complaint and any other entity identified as a provider of Internet services to one of the
Doe Defendants in response to a subpoena or as a result of ongoing BitTorrent activity
monitoring: information sufficient to identify each Defendant, including name, current

(and permanent) address, telephone number, e-mail address, and Media Access Control
address; it is further
ORDERED any information disclosed to the Plaintiff in response to a Rule 45 subpoena
may be used by the Plaintiff solely for the purpose of protecting Plaintiff’s rights as set forth in
its Complaint; it is further
ORDERED that Plaintiff and any entity which receives a subpoena shall confer, if
necessary, with respect to the issue of payment for the information requested in the subpoena or
for resolution of IP addresses which are not controlled by such entity, duplicate IP addresses that
resolve to the same individual, other IP addresses that do not provide the name and other
information requested of a unique individual, or for the entity’s internal costs to notify its
customers; it is further
ORDERED that any entity which receives a subpoena and elects to charge for the costs
of production shall provide a billing summary and any cost reports that serve as a basis for such
billing summary and any costs claimed by such entity; it is further
ORDERED that Plaintiff shall serve a copy of this Order along with any subpoenas
issued pursuant to this Order; it is further
ORDERED that if any entity subpoenaed pursuant to this Order wishes to move to quash
the subpoena, it must do so before the return date of the subpoena, which shall be 30 days from
the date of service; it is further
ORDERED that the subpoenaed entity shall preserve any subpoenaed information
pending the resolution of any timely-filed motion to quash;

Finally, it is ORDERED that Plaintiff may not file an amended complaint until further
order of this Court.
DATED: ____6/16/2011_____________

_________________________
United States District Judge