4 Twenty Media Inc v. Swarm Sharing Hash Files 6D59B29B0E51E9B5B4C0F9192CE99ED5EC5457E8 et al

Filing 6

ORDER granting 2 Motion for Leave to Take Discovery Prior to Rule26(f) Conference. Signed by Magistrate Judge C Michael Hill on 1/24/2012. (crt,Dauterive, C)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA

4: TWENTY MEDIA INC.

)
)
Plaintiff,
)
)
v.
)
)
SWARM SHARING HASH FILES
)
6D59B29B0E51E9B5B4C0F9192CE99ED5EC5457E8, )
6FC0F9C7F041DC36283D54B1FA29E993EA3EC2A8, )
F1F946C2054A0F885AC01FB07A935F4F238DD391;
)
AND DOES 1-1,341.
)
)
Defendants.
)
_________ __ )

Case No. 6:12-cv-00031

JURY TRIAL DEMANDED

ORDER GRANTING PLAINTIFF’S EX PARTE MOTION FOR LEAVE
TO TAKE DISCOVERY PRIOR TO RULE 26(f) CONFERENCE

CONSIDERING Plaintiff’s Ex Parte Motion for Leave to Take Discovery Prior to Rule
26(f) Conference, the Declaration of Matthias Schroeder Padewet, and the accompanying
Memorandum of Law:
IT IS ORDERED that Plaintiff may serve immediate discovery on the third party ISPs
identified in Exhibit A to Plaintiff’s Complaint and in the accompanying Memorandum of Law
to obtain the identity of each Doe Defendant by serving a Rule 45 subpoena that seeks
documents that identify each Doe Defendant, including the name, current (and permanent)
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addresses and XXXXXXXXXXXXX e-mail addresses, and Media Access Control addresses for
telephone numbers,
each Defendant. The disclosure of this information is consistent with the ISPs obligations under
the Cable Service Privacy Act, 47 U.S.C. § 551(c)(2)(b), which provides:
2) A cable operator may disclose [personally identifiable] information if the
disclosure is-…
(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[.]
47 U.S.C. § 551(c)(2)(b).
IT IS FURTHER ORDERED that any information disclosed to Plaintiff in response to
the Rule 45 subpoena may be used by Plaintiff solely for the purpose of protecting Plaintiff’s
rights under the Copyright Act.

24
THUS DONE AND SIGNED in Chambers in Lafayette, Louisiana this ____ day of
January, 2012.

_______________________________
DISTRICT JUDGE

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