R & D Film 1 LLC v. Does 1-44

Filing 5

ORDER granting pltf's 4 Motion for Preliminary Discovery by Judge Robert S. Lasnik.(RS)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 R&D FILM 1, LLC, 9 10 11 12 Plaintiff, Case No. C13-0056TSZ-RSL v. ORDER GRANTING LEAVE FOR PRELIMINARY DISCOVERY DOES 1 - 44, Defendants. 13 14 15 This matter comes before the Court on plaintiff’s “Motion for Leave to 16 Take Discovery Prior to Rule 26(f) Conference.” Dkt. # 4. Because plaintiff cannot 17 identify the Doe defendants without taking discovery from internet service providers 18 regarding each defendant’s IP address, plaintiff’s motion is GRANTED. 19 Plaintiff may initiate discovery, including the issuance of subpoenas under 20 Fed. R. Civ. P. 45, on internet service providers seeking information sufficient to identify 21 each Doe defendant, including his or her name, address, email address, and Media Access 22 Control address. An internet service provider (“ISP”) served with a subpoena authorized 23 by this Order shall give written notice, which includes email notice, and a copy of the 24 subpoena to any affected subscriber(s) as soon as possible after service of the subpoena. 25 The ISP and/or any affected subscriber(s) shall have thirty (30) days from the date of 26 ORDER GRANTING LEAVE FOR PRELIMINARY DISCOVERY - 1 1 service of the subpoena on the ISP to object to the subpoena pursuant to Fed. R. Civ. P. 2 45(c)(2)(B). The ISP shall not disclose defendants’ identifying information during the 3 30-day period or if a timely objection is served unless and until the Court orders it to do 4 so. If an objection is served, the ISP shall preserve any material responsive to the 5 subpoena for a period of six months in order to allow plaintiff to move for an order 6 compelling production under Fed. R. Civ. P. 45(c)(2)(B)(i). If no objection is served, the 7 ISP shall comply with the subpoena within ten (10) days. 8 9 10 Plaintiff shall provide a copy of this Order with each subpoena issued pursuant thereto. 11 12 Dated this 14th day of February, 2013. 13 A 14 Robert S. Lasnik United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 ORDER GRANTING LEAVE FOR PRELIMINARY DISCOVERY - 2

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