Strike 3 Holdings, LLC v. John Doe

Filing 84

MINUTE ORDER denying plaintiff's 67 Motion for Protective Order ; granting defendant's 76 Request for Attorney's Fees and Costs, awarding defendant $700.00, to be paid by plaintiff within fourteen (14) days of the date of this Minute Order ; granting defendant's 79 Motion for Continuance; RENOTING plaintiff's 71 MOTION for Partial Summary Judgment : Noting Date 6/28/2019. Authorized by Judge Thomas S. Zilly. (SWT)

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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)
Plaintiff’s motion for protective order, docket no. 67, is DENIED. To the
extent that the proposed deponent Greg Lansky lacks personal knowledge concerning the
remaining counterclaims in this matter, the deposition will presumably be short. In
connection with his abuse of process claim, however, defendant is entitled to pursue
discovery concerning, among other things, Lanksy’s assertions in his undated declaration,
docket no. 4-2, regarding the amount of time (“as little as four minutes”) required to
download content to torrent websites, his company’s efforts to identify the “initial
seeder,” the average number (50,000) of DMCA notices sent by his company each
month, and “[t]he only effective way to stop the piracy of [his company’s] movies on
BitTorrent networks [being] to file lawsuits like this one.”

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(2)
The Court GRANTS defendant’s request for attorney’s fees and costs,
docket no. 76, in connection with responding to plaintiff’s motion for protective order,
20 and AWARDS defendant $700.00, to be paid by plaintiff within fourteen (14) days of the
date of this Minute Order.
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(3)
Defendant’s motion for continuance pursuant to Federal Rule of Civil
22 Procedure 56(d), docket no. 79, is GRANTED. Plaintiff’s motion for partial summary
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MINUTE ORDER - 1

1 judgment, docket no. 71, seeking dismissal of defendant’s counterclaim for abuse of
process, is RENOTED to June 28, 2019. Any supplemental response to plaintiff’s
2 motion shall not exceed twelve (12) pages in length and shall be filed on or before
June 24, 2019. Any reply shall not exceed eighteen (18) pages in length 1 and shall be
3 filed on or before the new noting date.
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(4)
record.

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

Dated this 28th day of February, 2019.

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William M. McCool
Clerk

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s/Karen Dews
Deputy Clerk

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Plaintiff’s reply in support of its motion for partial summary judgment was originally due on
March 1, 2019. The deadline for plaintiff’s reply has herein been extended, and the permitted
length of plaintiff’s reply reflects the twelve pages allowed by Local Civil Rule 7(e)(3) and an
22 additional six pages to respond to defendant’s supplemental response.

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MINUTE ORDER - 2