Graham Enginerring Corp. v. Schilke

Filing 73

ORDER granting counter-pltfs' unopposed motion 71 to compel Comcast to respond to subpoena & disclose subscriber information for IP Address 50.205.214.102... w/ specific instructions set forth in Paras 1-5. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 11/05/18. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
GRAHAM ENGINEERING CORP.,

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Plaintiff
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ERIC ADAIR,
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Defendant
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CIVIL ACTION NO. 1:16-CV-2521

GRAHAM ENGINEERING CORP.,

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CIVIL ACTION NO. 1:16-CV-2522

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CIVIL ACTION NO. 1:16-CV-2523

Plaintiff
v.
DOUG JOHNSON,
Defendant

GRAHAM ENGINEERING CORP.,
Plaintiff
v.
WILLIAM KRAMER,
Defendant

(Chief Judge Conner)

(Chief Judge Conner)

(Chief Judge Conner)

GRAHAM ENGINEERING CORP.,
Plaintiff
v.
JEFF LAWTON,
Defendant
GRAHAM ENGINEERING CORP.,
Plaintiff
v.
MICHAEL PERRI,
Defendant
GRAHAM ENGINEERING CORP.,
Plaintiff
v.
DANIEL SCHILKE,
Defendant
GRAHAM ENGINEERING CORP.,
Plaintiff
v.
KEVIN SLUSARZ,
Defendant

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CIVIL ACTION NO. 1:16-CV-2524

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CIVIL ACTION NO. 1:16-CV-2525

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CIVIL ACTION NO. 1:16-CV-2526

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CIVIL ACTION NO. 1:16-CV-2527

(Chief Judge Conner)

(Chief Judge Conner)

(Chief Judge Conner)

(Chief Judge Conner)

ORDER
AND NOW, this 5th day of November, 2018, upon consideration of the
Counter-Plaintiffs’ Unopposed Motion to Compel Comcast to Respond to the
Subpoena and Disclose Subscriber Information for IP Address 50.205.214.102 (the
“Motion”), and any response(s) thereto, it is hereby ORDERED that the Motion is
GRANTED, and it is further ORDERED that:
1.

The Individuals1 shall provide a copy of this Order to Comcast;

2.

Comcast, within seven (7) days of receipt of the Order, shall comply
with 47 U.S.C. § 551(c)(2)(B), by sending a copy of the Order to the
subscriber using any reasonable means, including but not limited to
written notice sent to the subscriber’s last known address;

3.

If the subscriber for IP Address 50.205.214.102 (the “IP Address”) is
Plaintiff/Counter-Defendant Graham Engineering Corp. (“GEC”), then
Comcast, within ten (10) days of receipt of the Order, shall produce to
the Individuals the information requested in the Subpoena, which was
attached to the Motion as Exhibit A. If the subscriber at issue is anyone
other than GEC, then prior to any disclosure being made, the
subscriber shall have a period of twenty-one (21) days from the date
that Comcast sent a copy of the Order to the subscriber pursuant to
paragraph 2, above, to contest the Order (the “Waiting Period”). If the
subscriber does not file with this Court any challenge to the Order
within the Waiting Period, then Comcast shall promptly produce to the
Individuals the information requested in the Subpoena;

Defendants and Counter-Plaintiffs Eric Adair (“Adair”), William Kramer
(“Kramer”), Jeff Lawton (“Lawton”), Michael Perri (“Perri”), Daniel Schilke
(“Schilke”), and Kevin Slusarz (“Slusarz”) are collectively referred to herein as the
“Individuals.”
1

4.

Any information disclosed by Comcast in response to the Subpoena
may be used solely for the above-captioned litigations, and not for any
other purpose; and

5.

This Order shall be deemed an appropriate court order under
47 U.S.C. § 551(c)(2)(B).

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania