MALIBU MEDIA, LLC v. DOE

Filing 15

ORDER denying Defts Robert and Pamela Chase's 11 Motion to Quash (see Order) c/m. Signed by Magistrate Judge Mark J. Dinsmore on 9/12/2013. (SWM)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

MALIBU MEDIA, LLC,
Plaintiff,
vs.
JOHN DOE subscriber assigned IP address
98.222.190.17,
Defendant.
______________________________________
ROBERT CHASE,
PAMELA CHASE,
Interested Partys.

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No. 1:13-cv-00674-LJM-MJD

ORDER ON MOTION TO QUASH
This matter is before the Court on Robert and Pamela Chase’s (“the Chases”) motion to
quash a third party subpoena. The Court, being duly advised, DENIES the motion.

I.

Background

This is an action for copyright infringement brought against John Doe, known only by the
Internet Protocol (“IP”) address 98.222.190.17. On April 24, 2013, Plaintiff sought leave from
the Court to serve non-party subpoenas on the Internet Service Providers (“ISPs”) to discover the
identities of the individual(s) associated with the IP address. [Dkt. 4.] This Court granted such

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leave on May 7, 2013. [Dkt. 8.] On June 26, 2013, the Chases filed the instant motion to quash
the subpoena. [Dkt. 11.]

II.

Legal Standard

Under Rule 45 of the Federal Rules of Civil Procedure, a court must quash or modify a
subpoena if it fails to allow a reasonable time to comply; requires a person who is neither a party
nor a party’s officer to travel more than 100 miles; requires disclosure of privileged or other
protected matter, if no exception or waiver applies; or subjects a person to undue burden. Fed.
R. Civ. P. 45(c)(3)(A). A court may also quash or modify a subpoena if it requires disclosure of
a trade secret, disclosure of an unretained expert’s opinion, or a person who is neither a party nor
a party’s officer to incur substantial expenses to travel more than 100 miles to attend trial. Fed.
R. Civ. P. 45(c)(3)(B).
The party seeking to quash a subpoena bears the burden of establishing the subpoena falls
within the Rule 45 criteria. Malibu Media, LLC v. John Does 1-14, 2012 WL 6115653 (N.D. Ind.
2012).

III.

Discussion

The Chases object to the release of their personal information from the ISP to Plaintiff
based on “their research” that Plaintiff is a copyright troll using unethical means for financial
gain. [Dkt. 11.] However, they do not point to any evidence to suggest that Plaintiff has engaged
in any unethical actions towards them. While the Chases’ concerns are noted, without an actual
showing of unethical conduct, their assertions are speculative at best. The Court points out that it
is aware of similar allegations across the country and has already implemented procedures to
protect the integrity of the parties and the legal system. [See Dkt. 9.]
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In this case, Plaintiff simply wishes to identify the owner of the IP address that it alleges
infringed on Plaintiff’s copyrighted works. Plaintiff must identify a Defendant. Fed. R. Civ. P.
10(a). The Court found good cause to grant the request to serve the subpoena because it is the
only method for Plaintiff to properly identify the defendant(s) and assert its claims. [See Dkt. 8 at
1.] Although there is no guarantee the person associated with the IP address is in fact the
infringer, “[t]he customer may know who used the Alleged IP Address at issue . . . or lead to any
neighbor or other person who may have illegally connected to a customer’s wireless
technology.” Patrick Collins, Inc. v. John Does 1-9, 2012 WL 4321718 (C.D. Ill. 2012). As this
is a discovery issue, Plaintiff is entitled to see this relevant information which is reasonably
calculated to lead to the discovery of admissible evidence. Fed. R. Civ. P. 26(b)(1). As such, this
Court finds that the third party subpoenas are proper.

IV.

Conclusion

For the reasons set forth above, Robert and Pamela Chase’s motion to quash is hereby
DENIED.

Date: 09/12/2013
Mark J. Dinsmore
United States Magistrate Judge
Southern District of Indiana

Distribution:
ROBERT CHASE
756 Timeless Run
Greenwood, IN 46143
PAMELA CHASE
756 Timeless Run
Greenwood, IN 46143
Paul J. Nicoletti
NICOLETTI & ASSOCIATES, P.C.
[e-mail]
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