Malibu Media, LLC v. DOE

Filing 6

ORDER ON MOTION FOR LEAVE TO SERVE THIRD PARTY SUBPOENA PRIOR TO A RULE 26(f) CONFERENCE. Signed by Judge Timothy S. Black on 9/12/2014. (mr1)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN 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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71.72.228.94,
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Defendant.
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Civil Action No. 1:14-cv-727

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’sMotion 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 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, address, telephone number, and e-mail 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 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.
bysending 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.

September, 2014
DONE AND ORDERED this 12thday of ________________, <>.
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/s/Timothy S. Black
By: ____________________________________
UNITED STATES DISTRICT JUDGE

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