Strike 3 Holdings, LLC v. John Doe

Filing 8

MINUTE ORDER amending 5 Order on Motion for Leave to Serve Third Party Subpoena (See Order for details); STRIKING deadline for a Rule 26(f) conference, exchange of initial disclosures, and Joint Status Report; directing plaintiff's counsel to provide a copy of this Minute Order along with at blank summons submitted to the Clerk, and along with any summons provided under seal to the selected process server. 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,
v.
JOHN DOE (71.231.142.237);
JOHN DOE (73.225.38.130);
JOHN DOE (76.22.118.13);
JOHN DOE (50.54.142.188);

C17-1730 TSZ
C17-1731 TSZ
C17-1732 TSZ
C17-1733 TSZ
MINUTE ORDER

Defendants.
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The following Minute Order is made by direction of the Court, the Honorable
Thomas S. Zilly, United States District Judge:

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(1)
The Orders, docket no. 7 in C17-1730, docket no. 5 in C17-1731, docket
no. 7 in C17-1732, and docket no. 5 in C17-1733, granting plaintiff leave to serve a
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subpoena on the Internet service provider (“ISP”) for each defendant John Doe, are
hereby AMENDED as follows.
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(a)
To the extent that an ISP has not already provided to plaintiff or its
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attorney material responsive to a subpoena issued pursuant to the Orders identified
above, the ISP shall not disclose any such responsive material to plaintiff or its
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counsel, but instead shall send the responsive material, in an envelope prominently
marked “CONFIDENTIAL SUBSCRIBER INFORMATION -- TO BE FILED
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UNDER SEAL,” addressed to the Clerk of the Court, United States District Court
for the Western District of Washington, 700 Stewart Street, Seattle, WA 98101.
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(b)
If an ISP has provided responsive material to the Court rather than
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plaintiff or its attorney, plaintiff may serve summons and complaint using the
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MINUTE ORDER - 1

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following procedure. Plaintiff’s counsel may submit a blank summons to the
Clerk, who will interlineate the affected subscriber’s identity and service address
on the summons and place the completed summons in a sealed envelope for return
to plaintiff’s counsel. Plaintiff’s counsel shall not open or otherwise attempt to
view the contents of such envelope before delivering it, along with a copy of this
Order, to the process server of plaintiff’s choosing. The process server shall keep
the affected subscriber’s identity and service address confidential and shall not
disclose such information to plaintiff or its attorneys. The process server shall
send any affidavit or declaration of either service or non-service in an envelope
prominently marked “CONFIDENTIAL SUBSCRIBER INFORMATION -- TO
BE FILED UNDER SEAL,” addressed to the Clerk of the Court, United States
District Court for the Western District of Washington, 700 Stewart Street, Seattle,
WA 98101.
(c)
Plaintiff shall not amend its pleadings to substitute a subscriber as a
defendant or publicly disclose any defendant’s real identity unless specifically
authorized to do so by the Court. Plaintiff and its attorneys shall not communicate
directly with any defendant John Doe for any purpose until further order of the
Court.
(d)
If an ISP to which a subpoena was issued pursuant to the Orders
identified above has not yet provided responsive materials, plaintiff shall serve a
copy of this Minute Order on each such ISP and shall file proof of such service
within three (3) days of the date of this Minute Order.

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(2)
The deadlines for a Rule 26(f) conference, exchange of initial disclosures,
and submission of a Joint Status Report that were set in C17-1731 and C17-1733 are
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(3)
The Clerk is DIRECTED to send a copy of this Minute Order to all counsel
of record. Plaintiff’s counsel is DIRECTED to provide a copy of this Minute Order
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summons provided under seal to the selected process server.
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Dated this 25th day of January, 2018.
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William M. McCool
Clerk

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s/Karen Dews
Deputy Clerk

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MINUTE ORDER - 2