Paper Street Media LLC v. Kick Online Entertainment, S.A. et al

Filing 12

ORDER signed by Judge Benjamin H. Settle granting in part and denying in part 9 Motion for Discovery.(TG)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 8 PAPER STREET MEDIA, LLC, Plaintiff, 9 10 v. KICK ONLINE ENTERTAINMENT, S.A., et al., CASE NO. C17-5821 BHS ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION FOR EARLY DISCOVERY 11 Defendants. 12 13 14 15 16 17 18 19 20 21 This matter comes before the Court on Plaintiff Paper Street Media, LLC’s (“Plaintiff”) motion for early discovery (Dkt. 9). On January 23, 2018, Plaintiff filed the instant motion seeking leave of court “to discover the identities of all owners and operators of Motherless.com and Motherlessmedia.com.” Id. Plaintiff has shown that the defendants are real persons or entities, that it cannot identify them without early discovery, and that its suit could possibly withstand a motion to dismiss. See Columbia Ins. Co. v. Seescandy.com, 185 F.R.D. 573, 578–80 (N.D. Cal. 1999) (setting forth a test describing when a court could permit discovery prior to a Rule 26(f) conference for the purpose of identifying 22 ORDER - 1 1 anonymous defendants). Plaintiff, therefore, may serve discovery demands on 2 Cloudflare, Inc., Tiggee, LLC, Highwinds Network Group, Inc., Level 3 3 Communications, DFWInternet Services, Inc., WhoisProxy.com Ltd, ICF Technology, 4 Inc., FriendFinderNetworks, Inc., Centrobill, Ltd. CCBill, Traffic Haus, and ZeusClicks, 5 Ltd. for the sole purpose of identifying the owners and operators of Motherless.com and 6 Motherlessmedia.com. At this time, Plaintiff may not serve discovery on Internet Service 7 Providers for IP addresses used to access the two websites because such discovery goes 8 beyond identifying owners and operators of the sites. 9 10 IT IS SO ORDERED. Dated this 24th day of January, 2018. 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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