Atlantic Recording Corporation et al v. Does 1-3

Justia Dockets & Filings Second Circuit New York Western District Atlantic Recording Corporation et al v. Does 1-3

Atlantic Recording Corporation et al v. Does 1-3

Case Number:	6:2005cv06274
Filed:	May 26, 2005
Court:	US District Court for the Western District of New York
Office:	Rochester Office
Presiding Judge:	David G. Larimer
Nature of Suit:	Copyright
Cause of Action:	17 U.S.C. § 501 Copyright Infringement
Jury Demanded By:	None

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Date Filed	Document Text
May 31, 2005	Filing 6 ORDER:Plaintiffs' motion for expedited discovery is GRANTED. Plaintiffs may serve immediate discovery on RIT to obtain the identity of each Doe defendant by serving a Rule 45 subpoena that seeks information sufficient to identify each Doe defend ant, including the name, school address, permanent home address, telephone number, e-mail address, and Media Access Control addresses for each Doe defendant. The subpoena shall be returnable on or after June 29, 2005. Plaintiffs shall serve a copy of this Court's Order along with the subpoena on RIT. Service on RIT through its attorneys, Nixon Peabody LLP, Clinton Square, Rochester, New York, shall be deemed sufficient. RIT shall have until June 17, 2007: (1) to notify each Doe defendant th at it intends to disclose the requested ISP identifying information to plaintiffs, and (2) to send to each Doe defendant a copy of the subpoena and this Court's Order, through electronic means or otherwise. If RIT or any of the Doe defendants wi sh to move to quash the subpoena, they must do so on or before June 27, 2005. Such motions must be directed to this Court with reference this case at 100 State Street, Rochester, New York 14614. RIT shall not destroy any of the ISP identifying infor mation from its databases until it has complied with the subpoena in full or upon further order of the Court. The information disclosed to plaintiffs in response to the Rule 45 subpoena will be used by plaintiffs solely for the purpose of protecting their rights under the Copyright Act. Signed by Hon. David G. Larimer on 5/31/05. (EMA, )

Date Filed

Document Text

May 31, 2005

Filing 6 ORDER:Plaintiffs' motion for expedited discovery is GRANTED. Plaintiffs may serve immediate discovery on RIT to obtain the identity of each Doe defendant by serving a Rule 45 subpoena that seeks information sufficient to identify each Doe defend ant, including the name, school address, permanent home address, telephone number, e-mail address, and Media Access Control addresses for each Doe defendant. The subpoena shall be returnable on or after June 29, 2005. Plaintiffs shall serve a copy of this Court's Order along with the subpoena on RIT. Service on RIT through its attorneys, Nixon Peabody LLP, Clinton Square, Rochester, New York, shall be deemed sufficient. RIT shall have until June 17, 2007: (1) to notify each Doe defendant th at it intends to disclose the requested ISP identifying information to plaintiffs, and (2) to send to each Doe defendant a copy of the subpoena and this Court's Order, through electronic means or otherwise. If RIT or any of the Doe defendants wi sh to move to quash the subpoena, they must do so on or before June 27, 2005. Such motions must be directed to this Court with reference this case at 100 State Street, Rochester, New York 14614. RIT shall not destroy any of the ISP identifying infor mation from its databases until it has complied with the subpoena in full or upon further order of the Court. The information disclosed to plaintiffs in response to the Rule 45 subpoena will be used by plaintiffs solely for the purpose of protecting their rights under the Copyright Act. Signed by Hon. David G. Larimer on 5/31/05. (EMA, )

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