Voltage Pictures LLC v. John Does 1-15
Filing
13
ORDER denying 11 request to quash subpoena. The internet service providers are to provide the identity of the Doe defendants to plaintiff's counsel on an attorney's eyes only basis. Signed by Magistrate Judge Stephen L. Crocker on 8/19/13. (rep)
IN THE UNITED STATES DISTRICT COURT
FOR THE W ESTERN DISTRICT OF W ISCONSIN
VOLTAGE PICTURES, LLC,
ORDER
Plaintiff,
v.
13-cv-282-bbc
DOES 1-15,
Defendants.
In this civil lawsuit, plaintiff Voltage Pictures, LLC has alleged that defendants Does 1 15 have violated plaintiff’s copyright on the motion picture “Maximum Conviction.” Currently
before the court is an objection by Doe Defendant #13 to the court’s previously-entered order
(dkt. 10) allowing plaintiff to serve a Rule 45 discovery subpoena prior to the Rule 26(f)
conference, apparently on the ground that compliance with this subpoena would require the ISP
“to reveal certain private information related to said defendant.” See dkt. 11.
As for Doe Defendant #13's concern regarding Rule 26(f), s/he gives no reason why it
is improper or inefficient for plaintiff to attempt to learn the identities of the actual defendants
in this lawsuit so that the parties can actually hold a Rule 26(f) conference. As for Doe
Defendant #13's privacy concern, on August 13, 2013, Chief Judge William M. Conley entered
orders addressing this concern and other related issues in two similar cases: Breaking Glass
Pictures, LLC v. Does 1 - 15, 13-cv-275 wmc (dkt. 12) and TCYK, LLC v. Does 1- 13, 13-cv-296
(dkt. 14). I agree with and adopt the court’s reasoning and conclusions in those two orders. As
a result, no Doe defendant is entitled to have plaintiff’s subpoena to an ISP quashed, but each
Doe defendant is entitled to have his/her identity sealed and maintained in confidence pending
further order of this court in this case. This order applies to all Doe defendants in this lawsuit,
including those who have not filed objections or motions to quash.
ORDER
IT IS ORDERED THAT:
(1)
To the extent that the Doe Defendant #13 has moved to quash
the subpoena issued by plaintiff to an internet service provider in
this lawsuit, that motion is DENIED.
(2)
To the extent that Doe Defendant #13 also seeks a protective
order maintaining the confidentiality of his/her identity, that
motion is GRANTED.
(3)
The internet service providers who have been served subpoenas
seeking the identity of Doe defendants in this lawsuit shall comply
to these subpoenas on a confidential basis to plaintiff’s counsel–
on an attorney’s eyes only basis for now–and to each Doe
defendant separately and individually.
(4)
Plaintiff’s attorneys are prohibited from disclosing any identifying
information of any Doe defendant except in a document filed
under seal with the court, unless plaintiff first obtains express leave
from this court.
Entered this 19th day of August, 2013.
BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge
2
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