Redweek, Inc v. Does et al

Filing 9

ORDER granting Plaintiff's 4 Ex Parte Motion for Expedited Discovery, by Judge Robert S. Lasnik. (swt)

HONORABLE ROBERT S. LASNIK

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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REDWEEK, INC., a Washington
corporation,

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Plaintiff,
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v.

No. 2:17-cv-00429 RSL
ORDER GRANTING PLAINTIFF
REDWEEK, INC.’S EX PARTE
MOTION FOR EXPEDITED
DISCOVERY

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JOHN DOES 1-10, individuals, JOHN
DOES 11-20, corporations,
Defendant.

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The Court, having considered Plaintiff RedWeek, Inc.’s (“RedWeek”) Ex Parte

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Motion for Expedited Discovery, Dkt. # 4, and the documents filed in support thereof,

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concludes that RedWeek cannot identify the Doe defendants without taking the requested

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discovery and accordingly GRANTS the motion.

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RedWeek may immediately serve subpoenas in the forms attached as exhibits to

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the Declaration of William C. Rava in Support of RedWeek’s Motion (Dkt. # 5) on the

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entities identified therein, namely 1 & 1 Mail & Media, MCI, and New Cingular

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Wireless, seeking information that would allow service on the Doe defendants,

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specifically his or her name, address, and email address. An entity served with a

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subpoena authorized by this order shall give written notice, which includes email notice,

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and a copy of the subpoena to any affected subscriber(s) as soon as possible after service
ORDER GRANTING PLAINTIFF REDWEEK, INC.’S
EX PARTE MOTION FOR EXPEDITED DISCOVERY
(No. C17-429RSL) – 1

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of the subpoena and shall provide RedWeek with the date(s) upon which notice was

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provided to each affected subscriber. The entity and/or any affected subscriber(s) shall

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have thirty (30) days from the date the subscriber is notified of the subpoena to object to

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the production pursuant to Fed. R. Civ. P. 45(d)(2)(B). Any objection must be in writing

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and sent to William C. Rava, Perkins Coie LLP, 1201 Third Avenue, Suite 4900, Seattle,

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WA 98101.

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The entity shall not disclose defendants’ identifying information before or during

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the 30-day period or if a timely objection is served on RedWeek or its counsel unless and

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until the Court orders it to do so. If an objection is served, the entity shall preserve any

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material responsive to the subpoena for a period of two (2) months in order to allow

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RedWeek to move for an order compelling production under Fed. R. Civ. P.

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45(d)(2)(B)(i). If no objection is served, the entity shall comply with the subpoena within

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fourteen (14) days.

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RedWeek shall provide a copy of this Order with each subpoena issued pursuant
thereto.

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Dated this 22nd day of March, 2017.

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A
Robert S. Lasnik

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United States District Judge

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ORDER GRANTING PLAINTIFF REDWEEK, INC.’S
EX PARTE MOTION FOR EXPEDITED DISCOVERY
(No. C17-429RSL ) – 2