Malibu Media, LLC v. JOHN DOE subscriber assigned IP address 73.175.208.90

Filing 7

ORDER (memorandum filed previously as separate docket entry) the court GRANTS Plaintiffs Motion for Leave to Serve Third Party Subpoena Prior to a Rule 26(f) Conference. (See order for full details).Signed by Honorable Malachy E Mannion on 9/30/15. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
MALIBU MEDIA, LLC,

:
CIVIL ACTION NO. 3:15-1707

Plaintiff

:
(JUDGE MANNION)

v.

:

JOHN DOE subscriber assigned
IP address 73.175.208.90,

:
:

Defendant
:

ORDER
For the reasons set forth in the Memorandum of this date, IT IS HEREBY
ORDERED THAT the court GRANTS Plaintiff’s Motion for Leave to Serve
Third Party Subpoena Prior to a Rule 26(f) Conference (Doc. 4), subject to
the conditions below:
1.

Plaintiff may serve a Rule 45 subpoena upon the third party
internet service provider Comcast Cable (the “ISP”), for the
purpose of obtaining information necessary to identify the
individual assigned with the IP address 73.175.208.90
(“John Doe Defendant”), specifically his or her name and
address. The subpoena shall have a copy of this order
attached;

2.

The ISP will have fourteen (14) days from the date of
service of the Rule 45 subpoena to serve the John Doe
Defendant with a copy of the subpoena and a copy of this
order. The ISP may serve the John Doe Defendant using
any reasonable means, including written notice sent to his
or her last known address, transmitted either by first-class

mail or via overnight service;
3.

The John Doe Defendant shall have fourteen (14) days
from the date of service of the Rule 45 subpoena to file any
motions with this court contesting the subpoena (including
a motion to quash or modify the subpoena). The ISP may
not turn over the John Doe Defendant’s identifying
information to Plaintiff before the expiration of this 28 day
period. Additionally, if the John Doe Defendant or ISP files
a motion to quash the subpoena, the ISP shall not produce
any information to Plaintiff until the court issues an order
instructing the ISP to resume production of the requested
discovery. If the John Doe Defendant moves to quash or
modify the subpoena, the John Doe Defendant shall
contemporaneously notify the ISP so that the ISP is on
notice not to release the John Doe Defendant’s contact
information to Plaintiff until the rules on any such motion;

4.

If the 28 day period lapses without the John Doe
Defendant or ISP contesting the subpoena, the ISP shall
have fourteen (14) days to produce the information
responsive to the subpoena to Plaintiff;

5.

The ISP shall preserve any subpoenaed information
pending the resolution of any timely-filed motion to quash;

6.

Any information ultimately disclosed to Plaintiff in response
to a Rule 45 subpoena may be used by Plaintiff solely for
the purpose of litigating the instant case.
s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge

DATED: September 30, 2015
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2015 MEMORANDA\15-1707-01-ORDER.wpd

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