Hall County School District #40-0002 v. Does 1-10

Filing 4

MEMORANDUM AND ORDER - Plaintiff's Motion for Leave to Issue Subpoenas, (Filing No. 2 ), is granted. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
HALL COUNTY SCHOOL DISTRICT
#40-0002,
4:14CV3100
Plaintiff,
vs.

MEMORANDUM AND ORDER

DOES 1-10, Real Names Unknown;
Defendant.
This matter is before the court on Plaintiff’s Motion for Leave to Issue Subpoenas,
(Filing No. 2). For the reasons set forth below the motion is granted.
Plaintiff’s Complaint alleges certain unknown individuals – the Does named as
defendants – are using Plaintiff’s computer systems without prior authorization. The
Plaintiff has been able to ascertain Internet Protocol (“IP”) addresses associated with the
unauthorized computer system use. Plaintiff is unable to identify the users solely by the
IP addresses, but it believes the IP addresses were assigned by Windstream
Communications – an internet service provider in Nebraska and other places. Plaintiff
now requests permission to serve subpoenas on Windstream in an attempt to identify the
proper defendants in this case.

Fed. R. Civ. P. 26(d) provides that a party may not seek discovery until the
meeting requirements of Rule 26(f) have been fulfilled unless the court orders otherwise.
Courts have discretion to order expedited discovery where good cause is shown such as
the case when the defendants have used technology or a third-party to hide their
identities. See, e.g., Warner Bros. Records, Inc. v. Does 1-6, 527 F. Supp. 2d 1 (D.D.C.
2007)(allowing third party subpoenas to match IP address and identify the appropriate
defendants); see also Arista Records, LLC v. Does 1-30, case no. 4:08cv371, 2008 WL
2740326 (E.D. Ark. June 6, 2008)(same).

In this case, Plaintiff cannot proceed with its case until it receives information
identifying the Doe defendants.
circumstances.

Expedited discovery is needed under such

The Plaintiff may serve the requested third-party subpoena for the

purpose of identifying the proper defendants in this action.

Accordingly,

Plaintiff’s Motion for Leave to Issue Subpoenas, (Filing No. 2), is granted.

Dated this 15th day of May, 2014.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge