UN4 Productions, Inc. v. Doe 1 et al

Filing 7

ORDER granting plaintiff's 5 Motion to Expedite Discovery, signed by Judge Robert S. Lasnik.(SWT)

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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. C17-1404RSL 10 11 v. ORDER GRANTING LEAVE FOR PRELIMINARY DISCOVERY DOES 1 - 12, 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 issue subpoenas under Fed. R. Civ. P. 45 on internet service 19 providers seeking information that would allow service on the Doe defendants. The 20 information requested shall be limited to the subscriber’s name, address, and email 21 address.1 An internet service provider (“ISP”) served with a subpoena authorized by this 22 Order shall give written notice, which includes email notice, and a copy of the subpoena 23 to any affected subscriber(s) as soon as possible after service of the subpoena and shall 24 25 26 1 The discovery authorized by this Order is limited to its terms. The Court has not authorized discovery of telephone numbers or any other forms of discovery. ORDER GRANTING LEAVE FOR PRELIMINARY DISCOVERY - 1 1 provide plaintiff with the date(s) upon which notice was provided to each affected 2 subscriber. The ISP and/or any affected subscriber(s) shall have thirty (30) days from the 3 date the subscriber is notified of the subpoena to object to the production pursuant to Fed. 4 R. Civ. P. 45(d)(2)(B). Any objection must be in writing and sent to the ISP and to David 5 A. Lowe, Lowe Graham Jones PLLC, 701 Fifth Ave., Suite 4800, Seattle, WA 98104. 6 The objection need not contain the subscriber’s identifying information: the subscriber 7 may be identified by his or her IP address. 8 9 The ISP shall not disclose defendants’ identifying information before or during the 30-day period or if a timely objection is made unless and until the objection is overruled 10 by the Court. If an objection is served, plaintiff has the burden of seeking to compel 11 discovery under Fed. R. Civ. P. 45(d)(2)(B)(i): the ISP shall preserve any material 12 responsive to the subpoena for a period of sixty (60) days from receipt of the objection. If 13 no objection is served, the ISP shall comply with the subpoena within seven (7) days or as 14 soon as possible after termination of the 30-day period. 15 16 17 18 Plaintiff shall provide a copy of this Order with each subpoena issued pursuant thereto. Dated this 19th day of September, 2017. 19 A 20 Robert S. Lasnik United States District Judge 21 22 23 24 25 26 ORDER GRANTING LEAVE FOR PRELIMINARY DISCOVERY - 2

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