Malibu Media, LLC v. John Doe subscriber assigned IP Address 24.128.178.40
Filing
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ORDER Granting 2 Motion to Serve Third Party Subpoena Prior to a Rule 26(f) Conference. Signed by District Judge Matthew F. Leitman. (HMon)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT MICHIGAN
MALIBU MEDIA, LLC,
Plaintiff,
Case No. 18-cv-11577
Hon. Matthew F. Leitman
v.
JOHN DOE subscriber assigned IP
Address 24.128.178.40,
Defendant.
__________________________________________________________________/
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 Comcast Cable (hereinafter 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 and address of the Defendant to whom the ISP
assigned an IP address as set forth on Exhibit A to the Complaint. 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 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.
it 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.
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.
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: May 23, 2018
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