SBO Pictures v. Does 1 - 41

Filing 7

Judge Joseph L. Tauro: ORDER entered. Upon consideration of Plaintiff's Emergency Ex-Parte Motion for Early Discovery 5 , Plaintiff's Memorandum in Support of Plaintiff's Emergency Ex-Parte Motion for Early Discovery 6 and Declaration of Jon Nicolini [1, attach. 1], Plaintiff's Motion is ALLOWED. IT IS SO ORDERED. Please see ORDER for Details. (Geraldino-Karasek, Clarilde)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
SBO PICTURES,
Plaintiff,
v.
DOES 1-41,
Defendants.

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Civil Action No. 12-10804-JLT

ORDER
June 4, 2012
TAURO, J.
Upon consideration of Plaintiff’s Emergency Ex-Parte Motion for Early Discovery [#5],
Plaintiff’s Memorandum in Support of Plaintiff’s Emergency Ex-Parte Motion for Early Discovery
[#6], and the Declaration of Jon Nicolini [#1, attach. 1], Plaintiff’s Motion is ALLOWED. This
court hereby orders that:
1.

Plaintiff is allowed to conduct immediate discovery on each Internet Service
Provider (“ISP”) listed in Attachment 2 attached to the Complaint for Copyright
Infringement [#1] by serving a Rule 45 subpoena (“subpoena”) that seeks
information sufficient to identify each Doe Defendant, including name, address
(present and at the time of infringement), e-mail address, Media Access Control
(“MAC”) address, and the ISP’s terms of service applicable to each Defendant.

2.

Plaintiff may also serve a subpoena upon any intermediary ISPs that may be
identified in response to a subpoena as providing Internet services to one or more

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of the Defendants.
3.

Plaintiff shall cover any costs that the ISPs charge for researching Defendants.

4.

The ISPs are authorized, pursuant to the Cable Privacy Act, 47 U.S.C. §
551(c)(2)(B), to comply with this subpoena, subject to the further conditions set
forth in this Order.

5.

Plaintiff shall use the information obtained by this subpoena solely for the purpose
of protecting Plaintiff’s rights under the Copyright Act.

6.

Plaintiff shall attach a copy of this Order to each subpoenaed ISP. The subpoena
shall instruct the ISPs to distribute a copy of this Order to each Defendant within
seven days of service of the subpoena.

7.

Plaintiff shall also attach a copy of Court-Directed Notice Regarding Issuance of
Subpoena [#5, attach. 1, appx. A] to each subpoenaed ISP. The subpoena shall
instruct the ISPs to distribute a copy of the court-directed notice to each
Defendant within seven days of service of the subpoena.

8.

The ISPs shall not respond to the subpoena until thirty days after it has sent the
court-directed notice to each Defendant.

9.

The ISPs shall preserve any subpoenaed information pending the resolution of any
timely filed motion to quash.

IT IS SO ORDERED.

/s/ Joseph L. Tauro
United States District Judge
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