ME2 Productions Inc v. Doe 1 et al

Filing 8

ORDER granting Plaintiff's 5 Motion for Expedited Discovery, by Judge Robert S. Lasnik. (SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ME2 PRODUCTIONS, INC.,

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Plaintiff,
Case No. C17-0694RSL

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v.
ORDER GRANTING LEAVE FOR
PRELIMINARY DISCOVERY

DOES 1 - 14,

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Defendants.

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This matter comes before the Court on plaintiff’s “Ex Parte Motion for Expedited

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Discovery” in the above-captioned matter. Dkt. # 5. Because plaintiff cannot identify the

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Doe defendants without taking discovery from internet service providers regarding each

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defendant’s IP address, plaintiff’s motion is GRANTED.

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Plaintiff may initiate discovery, including the issuance of subpoenas under Fed. R.

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Civ. P. 45, on internet service providers seeking information that would allow service on

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the Doe defendants, limited to his or her name, address, and email address.1 An internet

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service provider (“ISP”) served with a subpoena authorized by this Order shall give

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written notice, which includes email notice, and a copy of the subpoena to any affected

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subscriber(s) as soon as possible after service of the subpoena and shall provide plaintiff

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The Court has not authorized discovery of telephone numbers. If it has not already done
so, plaintiff shall alter its form subpoena immediately.
ORDER GRANTING LEAVE FOR
PRELIMINARY DISCOVERY - 1

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with the date(s) upon which notice was provided to each affected subscriber. The ISP

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and/or any affected subscriber(s) shall have thirty (30) days from the date the subscriber

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is notified of the subpoena to object to the production pursuant to Fed. R. Civ. P.

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45(d)(2)(B). Any objection must be in writing and sent to the ISP and to David A. Lowe,

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Lowe Graham Jones PLLC, 701 Fifth Ave., Suite 4800, Seattle, WA 98104.

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The ISP shall not disclose defendants’ identifying information before or during the

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

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the objection is overruled. If an objection is served, the ISP shall preserve any material

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responsive to the subpoena for a period of sixty (60) days in order to allow plaintiff to

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move for an order compelling production under Fed. R. Civ. P. 45(d)(2)(B)(i). If no

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objection is served, the ISP shall comply with the subpoena within ten (10) days.

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

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Dated this 5th day of May, 2017.

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A

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Robert S. Lasnik
United States District Judge

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ORDER GRANTING LEAVE FOR
PRELIMINARY DISCOVERY - 2