Apex Technology Group, Inc. v. MW Media et al

Filing 15

ORDER granting in part and denying in part 11 Motion for Discovery, signed by Judge Benjamin H. Settle.(TG)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 8 APEX TECHNOLOGY GROUP, INC., Plaintiff, 9 10 v. MW MEDIA, et al., 11 CASE NO. C17-5211 BHS ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION FOR EARLY DISCOVERY Defendants. 12 13 14 15 This matter comes before the Court on Plaintiff Apex Technology Group, Inc.’s (“Apex”) motion for early discovery (Dkt. 11). Apex requests limited discovery to ascertain the identities of all owners and 16 operators of Eporner.com and Eprncdn.com, websites it alleges have infringed its 17 pornographic videos by duplicating and distributing them without prior authorization. 18 Apex has shown the defendants are real persons or entities, that it cannot identify them 19 without early discovery, and that its suit could possibly withstand a motion to dismiss. 20 See Columbia Ins. Co. v. Seescandy.com, 185 F.R.D. 573, 578–80 (N.D. Cal. 1999) 21 (setting forth a test describing when a court could permit discovery prior to a Rule 26(f) 22 conference for the purpose of identifying anonymous defendants). Apex, therefore, may ORDER - 1 1 serve discovery demands on WhoisProxy.com, Moniker.com d/b/a Key-Systems GmbH, 2 Domains By Proxy LLC, GoDaddy.com LLC, Copyright Agent c/o Incorporate Now, 3 and PayPal Holdings Inc. for information identifying their customers—Eporner.com’s 4 and Eprncdn.com’s owners and operators. At this time, Apex may not serve discovery on 5 Internet Service Providers for IP addresses used to access the Defendants’ sites, as such 6 discovery goes beyond identifying the Defendants. 7 8 9 10 Therefore, Apex’s Motion (Dkt. #11) is GRANTED in part and DENIED in part. IT IS SO ORDERED. Dated this 11th day of September, 2017. A 11 12 BENJAMIN H. SETTLE United States District Judge 13 14 15 16 17 18 19 20 21 22 ORDER - 2

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