Malibu Media, LLC v. Doe

Filing 6

ORDER - ORDERS the following: 1) Plaintiff's Motion for Leave to Serve a Third-Party Subpoena Prior to a Rule26(f) Conference (Doc. # 2 ) is SUSTAINED; 2) Plaintiff is allowed to serve immediate discovery on the Internet ServiceProvider TIME WARNER CABLE to obtain the identity of John Doe Defendantwith the Internet Protocol Address 24.166.251. 155 by service of a Rule 45Subpoena that seeks information sufficient to identify John Doe Defendant.Said information is limited to the subscriber 's name and address; 3) Any information disclosed to Plaintiff in response to the Rule 45 subpoenamay be used by Plaintiff solely for the purpose of protecting Plaintiff's rights as set forth in the Complaint; 4) The Plaintiff shall p rovide the Internet Service Provider ("ISP") with a copy of this Order and the Memorandum Decision with its Subpoena; 5) When an ISP is served with a subpoena, the ISP shall give written notice ofthe subpoena and its contents, with a copy of the subpoena the ISPreceives, to the subscriber in question within ten (10) days of its receipt; 6) If the ISP and/or the Defendant wishes to file a Motion to Quash thesubpoena, the motion must be filed before the return date of the subpoena,wh ich shall be no earlier than thirty (30) days from the date of service; 7) The ISP shall preserve any subpoenaed information pending the resolution ofany timely filed Motion to Quash; 8) On or before November 9, 2015, Plaintiff shall file a status report with theCourt that briefly outlines its progress and provides an expected completiondate of the discovery allowed by this Order. Signed by Judge Walter H. Rice on 9/24/2015. (srb)