Malibu Media LLC v. John Doe Subscriber Assigned IP Address 107.5.142.185

Filing 5

ORDER Granting 2 Motion for Leave to Serve Third Party Subpoena Prior to a Rule 26(f) Conference. Signed by District Judge Mark A. Goldsmith. (Goltz, D)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
MALIBU MEDIA, LLC,
Plaintiff,

v.
JOHN DOE subscriber assigned IP address,
107.5.142.185,
Defendant.

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Civil Action Case No. 13-CV-11392
HON. MARK A. GOLDSMITH

ORDER ON MOTION FOR LEAVE TO SERVE
THIRD PARTY SUBPOENA PRIOR TO A RULE 26(f) CONFERENCE
THIS CAUSE came before the Court upon Plaintiff’s Motion for Leave to Serve A Third
Party Subpoena Prior to a Rule 26(f) Conference (the “Motion”), and the Court being duly
advised in the premises does hereby:
FIND, ORDER AND ADJUDGE:
1.

Plaintiff established that “good cause” exists for it to serve a third party subpoena

on the Internet Service Provider listed on Exhibit A to the Motion (the “ISP”).

See UMG

Recording, Inc. v. Doe, 2008 WL 4104214, *4 (N.D. Cal. 2008); and Arista Records LLC v.
Does 1-19, 551 F. Supp. 2d 1, 6-7 (D.D.C. 2008).
2.

Plaintiff may serve the ISP with a Rule 45 subpoena commanding the ISP to

provide Plaintiff with the true name, address, telephone number, and e-mail address of the
Defendant to whom the ISP assigned an IP address as set forth on Exhibit A to the Motion.
Plaintiff shall attach to any such subpoena a copy of this Order.

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3.

Plaintiff may also serve a Rule 45 subpoena in the same manner as above on any

service provider that is identified in response to a subpoena as a provider of Internet services to
one of the Defendants.
4.

If the ISP that qualifies as a “cable operator,” as defined by 47 U.S.C. § 522(5),

which states:
the term “cable operator” means any person or group of persons
(A) who provides cable service over a cable system and directly or through one
or more affiliates owns a significant interest in such cable system, or
(B) who otherwise controls or is responsible for, through any arrangement, the
management and operation of such a cable system.
shall comply with 47 U.S.C. § 551(c)(2)(B), which states:
A cable operator may disclose such [personal identifying] information if the
disclosure is . . . 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.
by sending a copy of this Order to the Defendant.
5.

The subpoenaed ISP shall not require Plaintiff to pay a fee in advance of

providing the subpoenaed information; nor shall the subpoenaed ISP require Plaintiff to pay a fee
for an IP address that is not controlled by the ISP. If necessary, the Court shall resolve any
disputes between the ISP and Plaintiff regarding the reasonableness of the amount proposed to be
charged by the ISP after the subpoenaed information is provided to Plaintiff.
6.

Plaintiff may only use the information disclosed in response to a Rule 45

subpoena served on the ISP for the purpose of protecting and enforcing Plaintiff’s rights as set
forth in its Complaint.

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DONE AND ORDERED this 1st day of April, 2013.

Dated: April 1, 2013
Flint, Michigan

s/Mark A. Goldsmith
MARK A. GOLDSMITH
United States District Judge
CERTIFICATE OF SERVICE

The undersigned certifies that the foregoing document was served upon counsel of record
and any unrepresented parties via the Court's ECF System to their respective email or First Class
U.S. mail addresses disclosed on the Notice of Electronic Filing on April 1, 2013.
s/Deborah J. Goltz
DEBORAH J. GOLTZ
Case Manager

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