ARENA et al v. JOHN DOE et al

Filing 2

Emergency MOTION for Temporary Restraining Order Preliminary Injunction and Expedited Discovery filed by CAILIN ARENA.Memorandum. (Attachments: # 1 Order to Show Cause, # 2 Memorandum of Law, # 3 Declaration of Cailin Arena, # 4 Declaration of Patricia McWilliam, # 5 Proposed Order)(ARENA, CHARLES)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CAILIN ARENA and PATRICIA
MCWILLIAM,

Case No.: 2:2012-cv-00778

Plaintiffs,
vs.
JOHN DOE and GOOGLE, INC.,
Defendants.
ORDER TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDER
AND NOW this ____ day of ______________ 2012, upon consideration of Plaintiffs’
Motion for Limited Expedited Discovery, Temporary Restraining Order and Preliminary
Injunction Against John Doe, and the supporting memorandum of law, declarations, and exhibits,
and it is hereby ORDERED that:
1.

After considering the Plaintiffs’ Motion and supporting documents, the Court

finds: (1) that this is a proper case for issuance of an order to show cause; and (2) that, unless the
Court issues a temporary restraining order, Plaintiffs will continue suffer irreparable injury
before John Doe can be identified and the matter can be heard on formal notice.
2.

Plaintiffs shall serve a copy of this order and rule, together with their motion and

accompanying papers, and their document requests seeking the identity of John Doe, upon
Google, Inc., within five (5) days of the entry of this Order;
3.

Google, Inc., shall respond to the document requests seeking the identify of John

Doe within five (5) days of service of the document requests;

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4.

If John Doe is identified, Plaintiffs shall promptly amend their complaint to

identify him by name, and serve John Doe with a copy of their complaint and moving papers,
and Plaintiffs and John Doe shall appear before this Court on the

__ day of

, 2012,

to show cause why a preliminary injunction providing the relief sought in the accompanying
motion and proposed order should not be entered.
5.

If John Doe cannot be identified as a result of the expedited discovery, despite the

parties’ best efforts to identify him, Plaintiffs shall still appear before this Court on the

day of

, 2012, to show cause why a preliminary injunction providing the relief
sought in the accompanying motion and proposed order should be entered against an unidentified
John Doe.
6.

Pending the hearing on the Order to Show Cause, defendant John Doe, his agents,

officers, employees, and representatives, and all persons acting in concert or participating with
them, shall be enjoined from further publication of Plaintiffs’ copyrighted materials, which are
currently being published by John Doe at http://secretlivessexbloggers.blogspot.com, including
further publication on any website.
7.

If Defendants elect to file Plaintiffs’ copyrighted materials as an exhibit in this

action, they should do so under seal.
By the Court:
___________________________________
U.S.D.J.

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