UN4 Productions, Inc. v. Doe 1 et al

Filing 8

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

1
2
3
4
5
6

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

7
8

UN4 PRODUCTIONS, INC.,

9

Plaintiff,
Case No. C17-0785RSL

10
11

v.
ORDER GRANTING LEAVE FOR
PRELIMINARY DISCOVERY

DOES 1 - 23,

12

Defendants.

13
14

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

15

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

16

Doe defendants without taking discovery from internet service providers regarding each

17

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

18

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

19

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

20

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

21

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

22

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

23

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

24

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

25
26

1

The Court has not authorized discovery of telephone numbers.

ORDER GRANTING LEAVE FOR
PRELIMINARY DISCOVERY - 1

1

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

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

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

10

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

11
12
13

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

14
15

Dated this 23rd day of May, 2017.

16

A

17

Robert S. Lasnik
United States District Judge

18
19
20
21
22
23
24
25
26
ORDER GRANTING LEAVE FOR
PRELIMINARY DISCOVERY - 2