Malibu Media, LLC v. Doe

Filing 7

Order granting Plaintiff's Motion for leave to serve third party subpoenas (Related Doc # 2 ). Judge John R. Adams on 1/7/15.(K,C)

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
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MALIBU MEDIA, LLC,
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Plaintiff,
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vs.
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JOHN DOE subscriber assigned IP address
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98.27.199.201,
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Defendant.
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Civil Action No. 5:14-cv-2760

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 Time Warner Cable (hereinafter the “ISP”).

See Malibu Media, LLC v. Doe, 2014 WL

4638936 (S.D. Ohio 2014) (“Courts within the Sixth Circuit have found good cause and granted
motions for expedited discovery in such actions as well.”); Vision Films, Inc. v. Does 1–16, 2013
WL 1385206 (E.D. Tenn. 2013) (finding good cause); Malibu Media, LLC v. John Does 1–9,
2013 WL 142083 (E.D. Mich. 2013) (same).
2.

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

provide Plaintiff with the true name, address, and e-mail address of the Defendant to whom the

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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.
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
the Defendant.
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.

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.
January
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DONE AND ORDERED this 7th day of ________________, 201__.
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/s/ John R. Adams
By: ____________________________________
UNITED STATES DISTRICT JUDGE

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