Malibu Media, LLC v. DOE
Filing
5
ORDER granting 2 Motion for Discovery. Signed by Magistrate Judge Mark R. Abel on 07/17/2014. (sr1)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Malibu Media, LLC,
:
Plaintiff
John Doe, subscriber assigned IP
address 71.72.81.137,
Civil Action 2:14-cv-00829
:
v.
:
Judge Frost
:
Magistrate Judge Abel
:
Defendant
ORDER
Plaintiff Malibu Media, LLC’s July 14, 2014 motion for leave to serve a third
party subpoena prior to the Rule 26(f) conference (doc. 2) is GRANTED.
Plaintiff has 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).
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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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.
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.
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.
s/Mark R. Abel
United States Magistrate Judge
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