Malibu Media, LLC v. Doe

Malibu Media, LLC v. Doe

Plaintiff:	Malibu Media, LLC
Defendant:	John Doe
Case Number:	1:2018cv05608
Filed:	June 20, 2018
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	XX Out of State
Presiding Judge:	Paul A. Crotty
Nature of Suit:	Copyrights
Cause of Action:	17 U.S.C. § 101
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
April 29, 2019	Filing 20 OPINION & ORDER re: 11 MOTION Leave to Serve a Third Party Subpoena Prior to a Rule 26(f) Conference . filed by Malibu Media, LLC, 16 FIRST LETTER MOTION for Extension of Time to Effectuate Service of Summons and Amended C omplaint on Defendant addressed to Judge Paul A. Crotty from Kevin T. Conway, Esq. dated September 18, 2018. filed by Malibu Media, LLC, 18 THIRD LETTER MOTION for Extension of Time to Effectuate Service of Summons and Amended Complain t on Defendant addressed to Judge Paul A. Crotty from Kevin T. Conway, Esq. dated January 21, 2019. filed by Malibu Media, LLC, 19 FOURTH LETTER MOTION for Extension of Time to Effectuate Service of Summons and Amended Complaint on Def endant addressed to Judge Paul A. Crotty from Kevin T. Conway, Esq. dated March 23, 2019. filed by Malibu Media, LLC. It is hereby: ORDERED that the Defendant may proceed anonymously as John Does unless and until the Court orders otherwise; IT IS FURTHER ORDERED that Plaintiff shall not initiate settlement discussions prior to service of the Complaint without leave of Court. If Defendant initiates such discussion, Plaintiff is permitted to participate therein and settle the case; IT IS FURTHER ORDERED that Plaintiff is allowed to conduct immediate discovery on RCN with a subpoena under Fed. R. Civ. P. 45 seeking John Doe's name and current and permanent address. Plaintiff is not permitted to subpoena RCN for Defendant's email address or phone number. The subpoena shall have a copy of this Order attached. IT IS FURTHER ORDERED that Plaintiff shall immediately serve a copy of this Order on RCN and that RCN shall serve a copy of this Order on John Doe. RCN may serve John Doe using any reasonable means, including written notice sent to John Doe's last known address, transmitted either by first-class mail or via overnight service. IT IS FURTHER ORDERED that John Doe shall have 60 days from the date of serv ice of this Order upon him or her to file any motions with this Court contesting the subpoena (including a motion to quash or modify the subpoena). RCN may not turn over John Doe's identifying information to Plaintiff before the expiration of this 60-day period. Additionally, if John Doe or RCN files a motion to quash the subpoena, RCN may not turn over any information to Plaintiff until the issues have been addressed and the Court issues an order instructing RCN to resume in turning ov er the requested discovery. IT IS FURTHER ORDERED that if that 60-day period lapses without John Doe or RCN contesting the subpoena, RCN shall have 10 days to produce the information responsive to the subpoena to Plaintiff. If John Doe moves to quas h or modify the subpoena, or to proceed anonymously, he or she shall at the same time as his or her filing also notify RCN so that RCN is on notice not to release John Doe's contact information to Plaintiff until the Court rules on any such m otions. IT IS FURTHER ORDERED that RCN shall preserve any subpoenaed information pending the resolution of any timely motion to quash. IT IS FURTHER ORDERED that RCN shall confer with Plaintiff and shall not assess any charge in advance of providing the information requested in the subpoena. If RCN elects to charge for the costs of production, it shall provide a billing summary and cost report to Plaintiff. IT IS FURTHER ORDERED that any information ultimately disclosed to Plaintiff in respons e to a Fed. R. Civ. P. 45 subpoena may be used by Plaintiff solely for the purpose of protecting its rights as set forth in its Complaint. IT IS FURTHER ORDERED that Plaintiff's time to serve the Summons and Complaint on Defendant is extended t o forty-five days after Plaintiff receives the information from the ISP pursuant to subpoena. (See Dkts. 16, 18 & 19). The Clerk of the Court is directed to close the motions at Dkts. 11, 16, 18 & 19. SO ORDERED. (Signed by Judge Paul A. Crotty on 4/29/19) (yv)

Date Filed

Document Text

April 29, 2019

Filing 20 OPINION & ORDER re: 11 MOTION Leave to Serve a Third Party Subpoena Prior to a Rule 26(f) Conference . filed by Malibu Media, LLC, 16 FIRST LETTER MOTION for Extension of Time to Effectuate Service of Summons and Amended C omplaint on Defendant addressed to Judge Paul A. Crotty from Kevin T. Conway, Esq. dated September 18, 2018. filed by Malibu Media, LLC, 18 THIRD LETTER MOTION for Extension of Time to Effectuate Service of Summons and Amended Complain t on Defendant addressed to Judge Paul A. Crotty from Kevin T. Conway, Esq. dated January 21, 2019. filed by Malibu Media, LLC, 19 FOURTH LETTER MOTION for Extension of Time to Effectuate Service of Summons and Amended Complaint on Def endant addressed to Judge Paul A. Crotty from Kevin T. Conway, Esq. dated March 23, 2019. filed by Malibu Media, LLC. It is hereby: ORDERED that the Defendant may proceed anonymously as John Does unless and until the Court orders otherwise; IT IS FURTHER ORDERED that Plaintiff shall not initiate settlement discussions prior to service of the Complaint without leave of Court. If Defendant initiates such discussion, Plaintiff is permitted to participate therein and settle the case; IT IS FURTHER ORDERED that Plaintiff is allowed to conduct immediate discovery on RCN with a subpoena under Fed. R. Civ. P. 45 seeking John Doe's name and current and permanent address. Plaintiff is not permitted to subpoena RCN for Defendant's email address or phone number. The subpoena shall have a copy of this Order attached. IT IS FURTHER ORDERED that Plaintiff shall immediately serve a copy of this Order on RCN and that RCN shall serve a copy of this Order on John Doe. RCN may serve John Doe using any reasonable means, including written notice sent to John Doe's last known address, transmitted either by first-class mail or via overnight service. IT IS FURTHER ORDERED that John Doe shall have 60 days from the date of serv ice of this Order upon him or her to file any motions with this Court contesting the subpoena (including a motion to quash or modify the subpoena). RCN may not turn over John Doe's identifying information to Plaintiff before the expiration of this 60-day period. Additionally, if John Doe or RCN files a motion to quash the subpoena, RCN may not turn over any information to Plaintiff until the issues have been addressed and the Court issues an order instructing RCN to resume in turning ov er the requested discovery. IT IS FURTHER ORDERED that if that 60-day period lapses without John Doe or RCN contesting the subpoena, RCN shall have 10 days to produce the information responsive to the subpoena to Plaintiff. If John Doe moves to quas h or modify the subpoena, or to proceed anonymously, he or she shall at the same time as his or her filing also notify RCN so that RCN is on notice not to release John Doe's contact information to Plaintiff until the Court rules on any such m otions. IT IS FURTHER ORDERED that RCN shall preserve any subpoenaed information pending the resolution of any timely motion to quash. IT IS FURTHER ORDERED that RCN shall confer with Plaintiff and shall not assess any charge in advance of providing the information requested in the subpoena. If RCN elects to charge for the costs of production, it shall provide a billing summary and cost report to Plaintiff. IT IS FURTHER ORDERED that any information ultimately disclosed to Plaintiff in respons e to a Fed. R. Civ. P. 45 subpoena may be used by Plaintiff solely for the purpose of protecting its rights as set forth in its Complaint. IT IS FURTHER ORDERED that Plaintiff's time to serve the Summons and Complaint on Defendant is extended t o forty-five days after Plaintiff receives the information from the ISP pursuant to subpoena. (See Dkts. 16, 18 & 19). The Clerk of the Court is directed to close the motions at Dkts. 11, 16, 18 & 19. SO ORDERED. (Signed by Judge Paul A. Crotty on 4/29/19) (yv)

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Plaintiff: Malibu Media, LLC
Represented By:	Kevin T. Conway
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Defendant: John Doe
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