Arista Records LLC et al v. Doe #6

Filing 22

Order. The Court ADOPTS the Magistrate Judge's Report and Recommendation 19 as it pertains to Defendant Doe #9's 6 Motion to quash Subpoena. Motion to Quash is DENIED. Judge Kathleen M. O'Malley on 9/30/2008. (H,CM)

Arista Records LLC et al v. Doe #6

Doc. 22

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

A R I S T A RECORDS, L.LC., et al.,

Plaintiffs, v. D O E S 1-11,

Defendants.

: : : : : : : : : : :

Case No. 1:07CV2828

JUDGE KATHLEEN M. O'MALLEY

ORDER

The Plaintiffs served a subpoena on non-party Case Western Reserve University ("CWRU") seeking the identity of Defendant John Doe #9 ("Doe #9"), who was a user of Internet services provided by CWRU. (Doc. 5.) Doe #9 moved to quash this subpoena (Doc. 6) ("Motion to Quash"), Plaintiffs filed a brief in opposition to this motion (Doc. 8), and Doe #9 filed a reply brief in support of the Motion to Quash (Doc. 10.). This Court referred the matter to Magistrate Judge William H. Baughman, Jr. for preparation of a Report and Recommendation ("R&R") pursuant to Local Rule 72.1 and 28 U.S.C. § 636. The Magistrate Judge then submitted his R&R on September 8, 2008, recommending that the Motion to Quash be denied. (Doc. 19.) No party, including Doe #9, has objected to this portion of the Magistrate Judge's R&R.1

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In his R&R, the Magistrate Judge also considered a separate motion to dismiss for improper joinder. (See Doc. 16.) The parties have filed objections to this portion of the R&R, but those motions are not yet ripe and will be addressed in a subsequent Order by the Court. (Doc 19, 20.)

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Accordingly, the Court ADOPTS the Magistrate Judge's R&R as it pertains to Doe #9's Motion to Quash (Doc. 6). See Fed. R. Civ. P. 72(a) ("A party may not assign as error a defect in the order not timely objected to."). Doe #9's Motion to Quash is DENIED.

IT IS SO ORDERED. s/Kathleen M. O'Malley KATHLEEN MCDONALD O'MALLEY UNITED STATES DISTRICT JUDGE

Dated: September 30, 2008

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