Canal Street Films v. Does 1-22
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|Date Filed||#||Document Text|
|April 25, 2013
MEMORANDUM AND ORDER GRANTING pltf's MOTION to Expedite Discovery 4 subject to conditions. (1) Pltf may immediately serve a Rule 45 subpoena on the ISPslisted in Exhibit A to the complaint (Doc. 1-2, p. 5 of 5) for the purpose of obtaining inf ormation necessary to identify John Doe Dfts 1-22, specifically his or her name and address. The subpoena shall have a copy of this order attached;(2) The ISPs will have 30 days from the date of service of the Rule 45subpoena to serve John Doe Dfts 1 -22 with a copy of the subpoena and acopy of this order. The ISPs may serve John Doe Defendants 1-22 using anyreasonable means, including written notice sent to his or her last known address, transmitted either by first-class mail or via overnight se rvice;(3) John Doe Dfts 1-22 shall have 30 days from the date of service of the Rule 45 subpoena to file any motions with this court contesting the subpoena (including a motion to quash or modify the subpoena). The ISPs may notturn over the John Doe Dfts identifying information to Pltf before theexpiration of this 30-day period. Additionally, if a Dft or ISP files a motionto quash the subpoena, the ISPs shall not produce any information to Pltf untilthe issues have been addressed and the court i ssues an order instructing the ISPs to resume production of the requested discovery;(4) If the 30-day period lapses without a John Doe Dft or ISP contesting the subpoena, the ISPs shall have 10 days to produce the information responsive to the subpoe na to Pltf. A John Doe Dft or ISP who moves to quash or modify the subpoena, shall, at the same time as her or his filing, also notify all ISPs so that the ISPs are on notice not to release any of that John Doe Dfts contact information to Pltf until the court rules on any such motions;(5) The subpoenaed entity shall preserve any subpoenaed informationpending the resolution of any timely-filed motion to quash;(6) Any ISP that receives a subpoena pursuant to this order shall conferwith Pltf and sh all not assess any charge in advance of providing theinformation requested in the subpoena. An ISP that receives a subpoena and elects to charge for the costs of production shall provide a billing summary and cost report to Pltf;(7) Any information ultimately disclosed to Pltf in response to a Rule 45 subpoena may be used by Pltf solely for the purpose of protecting Pltfs rights as set forth in its complaint.Signed by Honorable Sylvia H. Rambo on 04/25/13. (ma)
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