Strike 3 Holdings, LLC v. John Doe

Filing 118

MINUTE ORDER granting in part and denying in part son of defendant John Doe's 86 Motion to Quash Subpoena and for Protective Order; granting in part and denying in part defendant John Doe's 94 Motion to Compel Production of Software or Exclude Related Testimony; granting in part and denying in part defendant John Doe's 96 Motion to Compel Production Documents Regarding Plaintiff's Success as a Producer of Pornography; declining to award attorney's fees or costs in connection with discovery motions addressed in this Minute Order; deferring and RENOTING plaintiff's 105 MOTION to Extend Certain Case Deadlines, to 5/17/2019; directing parties to file a Joint Status Report within 14 days of the date of this Minute Order. Authorized by Judge Thomas S. Zilly. (SWT)

Case 2:17-cv-01731-TSZ Document 118 Filed 05/03/19 Page 1 of 2

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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STRIKE 3 HOLDINGS, LLC,

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Plaintiff,
C17-1731 TSZ
v.
MINUTE ORDER
JOHN DOE (73.225.38.130),

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Defendant.

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The following Minute Order is made by direction of the Court, the Honorable
13 Thomas S. Zilly, United States District Judge:
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(1)
The motion to quash subpoena and for protective order, docket no. 86,
brought by the son of defendant John Doe, who is not a party to this action and who is
represented by separate counsel, is GRANTED in part and DENIED in part as follows.
Plaintiff concedes that the subpoena issued to defendant’s son was not properly served
and that the requisite fees were not tendered with the subpoena. The subpoena for
deposition on March 27, 2019, is therefore QUASHED. Plaintiff will be permitted to
depose defendant’s son via telephone for a period of no more than three hours at a
mutually convenient time. Plaintiff shall serve any related subpoena on, and tender the
requisite fees to, defendant’s son’s attorney, who shall accept such service on behalf of
his client. The transcript of such deposition shall be treated as confidential and shall not
be disclosed to anyone other than the parties and counsel in this litigation and/or the
Court. If the transcript or any portion of it is filed in this matter, it shall be filed under
seal.

(2)
Defendant John Doe’s motion to compel production of software or exclude
21 related testimony, docket no. 94, is GRANTED in part and DENIED in part as follows.
Within fourteen (14) days of the date of this Minute Order, defendant may serve on
22 plaintiff’s counsel a subpoena duces tecum directed to IPP International UG (“IPP”) for
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MINUTE ORDER - 1

Case 2:17-cv-01731-TSZ Document 118 Filed 05/03/19 Page 2 of 2

1 the materials sought in Requests for Production Nos. 1–5, see docket no. 95 at 10-13, and
plaintiff’s counsel shall accept service on behalf of IPP. Plaintiff’s counsel shall make
2 arrangements for IPP to respond and/or object to the subpoena duces tecum within thirty
(30) days after service. Defendant’s motion is otherwise denied.
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(3)
Defendant John Doe’s motion to compel production concerning plaintiff’s
success as a pornography producer, docket no. 96, is GRANTED in part and DENIED in
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part as follows. Within twenty-one (21) days of the date of this Minute Order, plaintiff
5 shall produce to defendant any documents on which plaintiff intends to rely in dispositive
motion practice and/or at trial to support the allegations in Paragraphs 3, 14, and 17 of the
6 Amended Complaint, docket no. 43, and/or Paragraphs 3, 13, and 16 of the Complaint,
docket no. 1. Defendant’s motion is otherwise denied.
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(4)
The Court DECLINES to award attorney’s fees or costs in connection with
the discovery motions addressed in this Minute Order.
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(5)
Plaintiff’s motion to extend certain deadlines, docket no. 105, is
9 DEFERRED and RENOTED to May 17, 2019. Plaintiff requests extensions of certain
deadlines, including the dispositive motion filing deadline, without changing the trial date
10 of September 30, 2019. Plaintiff’s proposal is unworkable. For example, a dispositive
motions filing deadline of Friday, August 30, 2019, as suggested by plaintiff, would
11 result in such motions being noted for September 27, 2019, one judicial day before trial.
The parties are DIRECTED to meet and confer concerning whether the trial date of
12 September 30, 2019, is realistic in light of their discovery disputes, and to file a Joint
Status Report within fourteen (14) days of the date of this Minute Order setting forth their
13 respective views on the subject.
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(6)
record.

The Clerk is directed to send a copy of this Minute Order to all counsel of

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Dated this 3rd day of May, 2019.
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William M. McCool
Clerk

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s/Karen Dews
Deputy Clerk

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MINUTE ORDER - 2