Kreisler Drug Co., Inc. et al v. Missouri CVS Pharmacy, LLC

Filing 191

ORDER granting 179 motion for authorization pursuant to 47 U.S.C. Section 551(c)(2)(B). Signed on 2/29/16 by Magistrate Judge John T. Maughmer. (Alexander, Pam)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MISSOURI
AT KANSAS CITY
KREISLER DRUG CO., INC., KREISLER
DRUG NO. 3, and KREISLER CLINIC
PHARMACY, INC.,
Plaintiffs/Counter-Defendants,
v.
Case No.: 14-cv-01050-JTM
MISSOURI CVS PHARMACY, LLC,
Defendant/CounterPlaintiff/Third-Party Plaintiff,
v.
JAMES J. NABER, SAMUEL KERNOHAN,
DAVID HUBBLE, RYAN SUMMERS and
SUMMERS PHARMACY, INC.,
Third-Party Defendants.

ORDER ON MOTION FOR COURT’S AUTHORIZATION
PURSUANT TO 47 U.S.C. § 551(c)(2)(B)
This cause came before the Court pursuant to a motion filed by Defendant, Missouri CVS
Pharmacy, LLC (“Missouri CVS”), requesting this Court to authorize Charter Communications,
Inc. (“Charter”) to produce personally identifiable information pursuant to 47 U.S.C.
§551(c)(2)(B) pursuant to a valid subpoena issued by Missouri CVS.
WHEREFORE, the Court finds that good cause exists to allow Missouri CVS to conduct
discovery on Charter because Missouri CVS’s narrowly tailored subpoena will not prejudice
Charter;

WHEREFORE, the Court finds that good cause exists to allow Missouri CVS to conduct
discovery on Charter because Missouri CVS has made a good faith showing that the discovery
sought is relevant to this action and permitted pursuant to 47 U.S.C. §551(c)(2)(B);
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that this Court
authorizes Charter to release personally identifiable information in response to the subpoena
Missouri CVS has served on Charter regarding the subscriber(s) associated with the following
IP Addresses at the dates and times set forth below:
IP Address
75.133.160.153

97.87.203.34

Date Range
5/24/2013
5/28/2013
6/1/2013
6/9/2013
6/12/2013
6/18/2013
6/19/2013
6/20/2013
6/21/2013
7/26/2013
3/27/2013

Time
2:59 PM (CDT)
9:59 PM (CDT)
1:34 PM (CDT)
6:09 PM – 6:51 PM (CDT)
7:40 PM (CDT)
10:32 PM (CDT)
7:13 PM (CDT)
8:50 AM – 2:28 PM (CDT)
11:21 AM – 11:34 AM (CDT)
10:57 AM (CDT)
11:47 AM – 11:55 AM (CDT)

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that any subpoena issued
pursuant to this Order shall be deemed an appropriate Court Order pursuant to 47 U.S.C. §551;
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that good faith attempts by
Charter to notify the subscribers associated with the unique IP Addresses identified in the
subpoena shall constitute compliance with this Order.
IT IS SO ORDERED.

/s/ John T. Maughmer
John T. Maughmer
United States Magistrate Judge