In Re Amazon Technologies Inc

Filing 4

ORDER GRANTING Nagravision SA's Ex Parte Application to Obtain Discovery for Use in Foreign Proceedings Pursuant to 28 U.S.C. § 1782 by Judge Robert S. Lasnik re 1 Application, filed by Nagravision SA (CDA)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON AT SEATTLE

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IN RE APPLICATION OF NAGRAVISION
SA,

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Applicant.

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Case No.: 2:21-mc-00051-RSL
ORDER GRANTING NAGRAVISION
SA’S EX PARTE APPLICATION TO
OBTAIN DISCOVERY FOR USE IN
FOREIGN PROCEEDING PURSUANT
TO 28 U.S.C. § 1782

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Having considered the application of Nagravision SA (“Nagravision”) for an order

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pursuant 28 U.S.C. § 1782 to obtain discovery from Amazon Technologies, Inc. (“Amazon”) for

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use in a foreign proceeding, and good cause appearing, the Court hereby GRANTS the

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application and ORDERS that:
1.

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server identified by the IP address 18.184.217.102 (the “Amazon Server”).
2.

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Nagravision may serve a subpoena on Amazon for information concerning the

Nagravision may obtain the following information concerning the Amazon

Server:
a.

Account profiles or other documents sufficient to identify the full name,

contact information, and IP addresses for the customer assigned the Amazon Server;
b.

Account applications or other documents used to create or make changes to

each account associated with the customer assigned the Amazon Server;
c.

Account statements for each account associated with the customer assigned

ORDER GRANTING NAGRAVISION SA’S EX PARTE
APPLICATION TO OBTAIN DISCOVERY FOR USE
IN FOREIGN PROCEEDING PURSUANT TO 28 U.S.C.
§ 1782 - 1

FREEMAN LAW FIRM, INC.
1107 ½ Tacoma Avenue South
Tacoma, WA 98402
[phone] - [phone] (fax)

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the Amazon Server from January 1, 2020 to present;

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d.

Payment records for each account associated with the customer assigned

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the Amazon Server from January 1, 2020 to present, including documents that identify the

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account or other source from which the payment was made;

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e.

Communications sent to or from the customer assigned the Amazon Server

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from January 1, 2020 to present, including account set-up correspondence and technical support

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tickets;

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f.

Logs or other documents sufficient to identify each IP address that

accessed the Amazon Server, including a date and time stamp for each instance of access, from
January 1, 2020 to present.
3.

Nagravision and Amazon shall adhere to the following schedule when producing

the information requested in the subpoena (the “Discovery”):
a.

Nagravision must immediately serve its subpoena and a copy of this order

(collectively, the “Order”) on Amazon;
b.

Within seven days of being served with the Order, Amazon must serve a

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copy of the Order on its customer. Service may be accomplished by any reasonable means,

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including written notice sent by first-class mail to the customer’s last known address or by email

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to the customer’s last known email address;

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c.

Amazon and its customers may contest Nagravision’s subpoena by filing

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an appropriate motion with this Court. Any such motion must be filed with this Court no later

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than 21 days after the customer is served with the Order. Amazon may not produce the

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Discovery to Nagravision before the expiration of this 21-day time period. In addition, if the

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customer files a motion contesting Nagravision’s subpoena, Amazon must not produce the

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Discovery pertaining to that customer until after the motion is resolved by the Court. If the 21-

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day time period expires without a motion being filed, Amazon will have 7 days from the

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expiration of the 21-day period to produce the Discovery to Nagravision.

ORDER GRANTING NAGRAVISION SA’S EX PARTE
APPLICATION TO OBTAIN DISCOVERY FOR USE
IN FOREIGN PROCEEDING PURSUANT TO 28 U.S.C.
§ 1782 - 2

FREEMAN LAW FIRM, INC.
1107 ½ Tacoma Avenue South
Tacoma, WA 98402
[phone] - [phone] (fax)

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3.

Nagravision shall reimburse Amazon for reasonable costs incurred in complying

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with the subpoena. Any request for costs shall be accompanied by a detailed invoice setting out

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the work performed. The maximum pay-rate will be $100 per hour, unless Nagravision agrees to

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an increased rate or additional compensation is approved by the Court.

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Dated this 26th day of April, 2021.

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Robert S. Lasnik
United States District Judge

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ORDER GRANTING NAGRAVISION SA’S EX PARTE
APPLICATION TO OBTAIN DISCOVERY FOR USE
IN FOREIGN PROCEEDING PURSUANT TO 28 U.S.C.
§ 1782 - 3

FREEMAN LAW FIRM, INC.
1107 ½ Tacoma Avenue South
Tacoma, WA 98402
[phone] - [phone] (fax)