Professional Documents
Culture Documents
Reason for Dismissal: Plaintiffs investigators determined the ISP address traced to a
business and could not ascertain the immediate responsible party for the
infringement.
1
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Case
Case
3:16-cv-05975-WHA
3:16-cv-06109-WHADocument
Document
27-3
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3
1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-06109 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party AT&T Internet Services, in order to ascertain the
21 identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including AT&T or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom AT&T assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
3
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Case
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3:16-cv-06109-WHADocument
Document
27-3
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3
1 Malibu Media may not use any information disclosed by AT&T for any
purpose other than protecting its rights as set forth in the complaint.
2
AT&T shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on AT&T.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on AT&T. AT&T shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform AT&T if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides AT&T in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from AT&T (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
4
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3
1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
5
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth
below the following documents, electronically stored information, or objects, and permit their
inspection, copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:
IP Address Date/Time
UTC
104.187.188.35 06/25/2016
22:18:24
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated
premises, land, or other property possessed or controlled by you at the time, date, and location set
forth below, so that the requesting party may inspect, measure, survey, photograph, test, or
sample the property or any designated object or operation on it.
6
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 7 of 798
The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and
the potential consequences of not doing so.
Date: 2/6/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who
issues or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor,
Beverly Hills, CA 90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
7
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 8 of 798
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
8
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 9 of 798
(e) Duties in Responding to a Subpoena. destroy the specified information and any copies it
has; must not use or disclose the information until
(1) Producing Documents or Electronically Stored the claim is resolved; must take reasonable steps to
Information. These procedures apply to producing retrieve the information if the party disclosed it
documents or electronically stored information: before being notified; and may promptly present
the information under seal to the court for the
(A) Documents. A person responding to a district where compliance is required for a
subpoena to produce documents must produce them determination of the claim. The person who
as they are kept in the ordinary course of business produced the information must preserve the
or must organize and label them to correspond to information until the claim is resolved.
the categories in the demand.
(g) Contempt.
(B) Form for Producing Electronically Stored
Information Not Specified. If a subpoena does not The court for the district where compliance is
specify a form for producing electronically stored requiredand also, after a motion is transferred,
information, the person responding must produce it the issuing courtmay hold in contempt a person
in a form or forms in which it is ordinarily who, having been served, fails without adequate
maintained or in a reasonably usable form or forms. excuse to obey the subpoena or an order related to
it.
(C) Electronically Stored Information Produced
in Only One Form. The person responding need not
produce the same electronically stored information
in more than one form.
9
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18
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19
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20
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21
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Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 25 of 798
Status: Active case Plaintiff served the subpoena on February 6, 2017. The ISP is
expected to comply by May 19, 2017. To date, Plaintiff has not received the
response from AT&T.
25
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 26 of 798
Case
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3:16-cv-05975-WHA
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1 of
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1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-05824 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party AT&T Internet Services, in order to ascertain the
21 identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including AT&T or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom AT&T assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
27
Case
Case
3:16-cv-05975-WHA
3:16-cv-05824-WHADocument
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1 Malibu Media may not use any information disclosed by AT&T for any
purpose other than protecting its rights as set forth in the complaint.
2
AT&T shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on AT&T.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on AT&T. AT&T shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform AT&T if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides AT&T in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from AT&T (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
28
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Case
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1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
29
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth
below the following documents, electronically stored information, or objects, and permit their
inspection, copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:
IP Address Date/Time
UTC
107.128.208.141 05/19/2016
09:17:17
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated
premises, land, or other property possessed or controlled by you at the time, date, and location set
forth below, so that the requesting party may inspect, measure, survey, photograph, test, or
sample the property or any designated object or operation on it.
30
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 31 of 798
The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and
the potential consequences of not doing so.
Date: 2/6/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who
issues or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor,
Beverly Hills, CA 90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
31
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 32 of 798
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(A) production of documents, electronically (A) When Required. On timely motion, the court for
stored information, or tangible things at a place the district where compliance is required must
within 100 miles of where the person resides, is quash or modify a subpoena that:
employed, or regularly transacts business in person;
and (i) fails to allow a reasonable time to comply;
(B) inspection of premises at the premises to be (ii) requires a person to comply beyond the
inspected. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(d) Protecting a Person Subject to a Subpoena; protected matter, if no exception or waiver applies;
Enforcement. or
(iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense;
Sanctions. A party or attorney responsible for (B) When Permitted. To protect a person subject
issuing and serving a subpoena must take to or affected by a subpoena, the court for the
reasonable steps to avoid imposing undue burden or district where compliance is required may, on
expense on a person subject to the subpoena. The motion, quash or modify the subpoena if it requires:
court for the district where compliance is required (i) disclosing a trade secret or other confidential
must enforce this duty and impose an appropriate research, development, or commercial information;
sanctionwhich may include lost earnings and or
reasonable attorneys feeson a party or attorney (ii) disclosing an unretained experts opinion or
who fails to comply. information that does not describe specific
occurrences in dispute and results from the experts
(2) Command to Produce Materials or Permit study that was not requested by a party.
Inspection. (C) Specifying Conditions as an Alternative. In
the circumstances described in Rule 45(d)(3)(B),
(A) Appearance Not Required. A person the court may, instead of quashing or modifying a
commanded to produce documents, electronically subpoena, order appearance or production under
stored information, or tangible things, or to permit specified conditions if the serving party:
the inspection of premises, need not appear in (i) shows a substantial need for the testimony
person at the place of production or inspection or material that cannot be otherwise met without
unless also commanded to appear for a deposition, undue hardship; and
hearing, or trial. (ii) ensures that the subpoenaed person will be
(B) Objections. A person commanded to reasonably compensated.
produce documents or tangible things or to permit
inspection may serve on the party or attorney
designated in the subpoena a written objection to (e) Duties in Responding to a Subpoena.
inspecting, copying, testing, or sampling any or all
32
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 33 of 798
(1) Producing Documents or Electronically Stored retrieve the information if the party disclosed it
Information. These procedures apply to producing before being notified; and may promptly present
documents or electronically stored information: the information under seal to the court for the
district where compliance is required for a
(A) Documents. A person responding to a determination of the claim. The person who
subpoena to produce documents must produce them produced the information must preserve the
as they are kept in the ordinary course of business information until the claim is resolved.
or must organize and label them to correspond to
the categories in the demand. (g) Contempt.
(B) Form for Producing Electronically Stored The court for the district where compliance is
Information Not Specified. If a subpoena does not requiredand also, after a motion is transferred,
specify a form for producing electronically stored the issuing courtmay hold in contempt a person
information, the person responding must produce it who, having been served, fails without adequate
in a form or forms in which it is ordinarily excuse to obey the subpoena or an order related to
maintained or in a reasonably usable form or forms. it.
33
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Case
Case
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1 of
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1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-06240 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party AT&T Internet Services, in order to ascertain the
21 identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including AT&T or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom AT&T assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
46
Case
Case
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2 of
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1 Malibu Media may not use any information disclosed by AT&T for any
purpose other than protecting its rights as set forth in the complaint.
2
AT&T shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on AT&T.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on AT&T. AT&T shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform AT&T if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides AT&T in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from AT&T (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
47
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3 of
of 3798
1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
48
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 49 of 798
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth
below the following documents, electronically stored information, or objects, and permit their
inspection, copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:
IP Address Date/Time
UTC
107.128.208.88 07/04/2016
09:26:34
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated
premises, land, or other property possessed or controlled by you at the time, date, and location set
forth below, so that the requesting party may inspect, measure, survey, photograph, test, or
sample the property or any designated object or operation on it.
49
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 50 of 798
The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and
the potential consequences of not doing so.
Date: 2/6/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who
issues or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor,
Beverly Hills, CA 90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
50
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
of the materials or to inspecting the premisesor to
(c) Place of Compliance. producing electronically stored information in the
form or forms requested. The objection must be
(1) For a Trial, Hearing, or Deposition. A served before the earlier of the time specified for
subpoena may command a person to attend a trial, compliance or 14 days after the subpoena is served.
hearing, or deposition only as follows: If an objection is made, the following rules apply:
(A) within 100 miles of where the person (i) At any time, on notice to the commanded
resides, is employed, or regularly transacts business person, the serving party may move the court for
in person; or the district where compliance is required for an
(B) within the state where the person resides, is order compelling production or inspection.
employed, or regularly transacts business in person, (ii) These acts may be required only as
if the person directed in the order, and the order must protect a
(i) Is a person's party's officer; or person who is neither a party nor a partys officer
(ii) Is commanded to attend a trial and would from significant expense resulting from
incur substantial expense. compliance.
(2) For Other Discovery: A subpoena may (3) Quashing or Modifying a Subpoena.
command:
(A) When Required. On timely motion, the court for
(A) production of documents, electronically the district where compliance is required must
stored information, or tangible things at a place quash or modify a subpoena that:
within 100 miles of where the person resides, is
employed, or regularly transacts business in person; (i) fails to allow a reasonable time to comply;
and (ii) requires a person to comply beyond the
(B) inspection of premises at the premises to be geographical limits specified in Rule 45 ( c );
inspected. (iii) requires disclosure of privileged or other
protected matter, if no exception or waiver applies;
(d) Protecting a Person Subject to a Subpoena; or
Enforcement. (iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense; (B) When Permitted. To protect a person subject
Sanctions. A party or attorney responsible for to or affected by a subpoena, the court for the
issuing and serving a subpoena must take district where compliance is required may, on
reasonable steps to avoid imposing undue burden or motion, quash or modify the subpoena if it requires:
expense on a person subject to the subpoena. The (i) disclosing a trade secret or other confidential
court for the district where compliance is required research, development, or commercial information;
must enforce this duty and impose an appropriate or
sanctionwhich may include lost earnings and (ii) disclosing an unretained experts opinion or
reasonable attorneys feeson a party or attorney information that does not describe specific
who fails to comply. occurrences in dispute and results from the experts
study that was not requested by a party.
(2) Command to Produce Materials or Permit (C) Specifying Conditions as an Alternative. In
Inspection. the circumstances described in Rule 45(d)(3)(B),
the court may, instead of quashing or modifying a
(A) Appearance Not Required. A person subpoena, order appearance or production under
commanded to produce documents, electronically specified conditions if the serving party:
stored information, or tangible things, or to permit (i) shows a substantial need for the testimony
the inspection of premises, need not appear in or material that cannot be otherwise met without
person at the place of production or inspection undue hardship; and
unless also commanded to appear for a deposition, (ii) ensures that the subpoenaed person will be
hearing, or trial. reasonably compensated.
(B) Objections. A person commanded to
produce documents or tangible things or to permit
inspection may serve on the party or attorney (e) Duties in Responding to a Subpoena.
designated in the subpoena a written objection to
inspecting, copying, testing, or sampling any or all (1) Producing Documents or Electronically Stored
51
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Case
Case
3:16-cv-05975-WHA
3:16-cv-05922-WHADocument
Document
27-3
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Page64
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1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-05922 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party AT&T Internet Services, in order to ascertain the
21 identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including AT&T or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom AT&T assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
64
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1 Malibu Media may not use any information disclosed by AT&T for any
purpose other than protecting its rights as set forth in the complaint.
2
AT&T shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on AT&T.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on AT&T. AT&T shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform AT&T if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides AT&T in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from AT&T (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
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1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
66
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth
below the following documents, electronically stored information, or objects, and permit their
inspection, copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:
IP Address Date/Time
UTC
107.199.204.150 06/09/2016
06:15:34
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated
premises, land, or other property possessed or controlled by you at the time, date, and location set
forth below, so that the requesting party may inspect, measure, survey, photograph, test, or
sample the property or any designated object or operation on it.
67
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 68 of 798
The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and
the potential consequences of not doing so.
Date:2/6/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who
issues or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor,
Beverly Hills, CA 90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
68
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. specified for compliance or 14 days after the subpoena
is served. If an objection is made, the following rules
(1) For a Trial, Hearing, or Deposition. A subpoena apply:
may command a person to attend a trial, hearing, or (i) At any time, on notice to the commanded
deposition only as follows: person, the serving party may move the court for the
(A) within 100 miles of where the person resides, is district where compliance is required for an order
employed, or regularly transacts business in person; or compelling production or inspection.
(B) within the state where the person resides, is (ii) These acts may be required only as directed in
employed, or regularly transacts business in person, if the order, and the order must protect a person who is
the person neither a party nor a partys officer from significant
(i) Is a person's party's officer; or expense resulting from compliance.
(ii) Is commanded to attend a trial and would incur
substantial expense. (3) Quashing or Modifying a Subpoena.
(2) For Other Discovery: A subpoena may command: (A) When Required. On timely motion, the court for the
district where compliance is required must quash or
(A) production of documents, electronically stored modify a subpoena that:
information, or tangible things at a place within 100
miles of where the person resides, is employed, or (i) fails to allow a reasonable time to comply;
regularly transacts business in person; and (ii) requires a person to comply beyond the
(B) inspection of premises at the premises to be geographical limits specified in Rule 45 ( c );
inspected. (iii) requires disclosure of privileged or other
protected matter, if no exception or waiver applies; or
(d) Protecting a Person Subject to a Subpoena; (iv) subjects a person to undue burden.
Enforcement.
(B) When Permitted. To protect a person subject to or
(1) Avoiding Undue Burden or Expense; Sanctions. affected by a subpoena, the court for the district where
A party or attorney responsible for issuing and serving a compliance is required may, on motion, quash or modify
subpoena must take reasonable steps to avoid imposing the subpoena if it requires:
undue burden or expense on a person subject to the (i) disclosing a trade secret or other confidential
subpoena. The court for the district where compliance is research, development, or commercial information; or
required must enforce this duty and impose an (ii) disclosing an unretained experts opinion or
appropriate sanctionwhich may include lost earnings information that does not describe specific occurrences
and reasonable attorneys feeson a party or attorney in dispute and results from the experts study that was
who fails to comply. not requested by a party.
(C) Specifying Conditions as an Alternative. In the
(2) Command to Produce Materials or Permit circumstances described in Rule 45(d)(3)(B), the court
Inspection. may, instead of quashing or modifying a subpoena,
order appearance or production under specified
(A) Appearance Not Required. A person conditions if the serving party:
commanded to produce documents, electronically stored (i) shows a substantial need for the testimony or
information, or tangible things, or to permit the material that cannot be otherwise met without undue
inspection of premises, need not appear in person at the hardship; and
place of production or inspection unless also (ii) ensures that the subpoenaed person will be
commanded to appear for a deposition, hearing, or trial. reasonably compensated.
(B) Objections. A person commanded to produce
documents or tangible things or to permit inspection
may serve on the party or attorney designated in the (e) Duties in Responding to a Subpoena.
subpoena a written objection to inspecting, copying,
testing, or sampling any or all of the materials or to (1) Producing Documents or Electronically Stored
inspecting the premisesor to producing electronically Information. These procedures apply to producing
stored information in the form or forms requested. The documents or electronically stored information:
objection must be served before the earlier of the time
69
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Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 72 of 798
Prior to amending its complaint and serving the John Doe defendant, Plaintiff takes
great lengths to research the Doe defendant and ensure it is pursuing the correct
infringer.
In this case, the subscriber was female and contained a common first and last name.
Moreover, she resided with her husband, and two adult children, one male age
twenty-three and one female, age twenty-one.
Ultimately, Plaintiffs investigation delayed the case and by the time Plaintiff filed its
amended complaint and received its summons, the Rule 4m deadline was only two
days away.
Knowing that the delays in this case were not justified, Plaintiff voluntarily
dismissed rather than moving for extension. Plaintiff realizes now that filing fifty-
seven cases in one month stretches its resources and does not allow it to
expeditiously process its cases. Plaintiff and undersigned sincerely apologize and
assure your Honor that in the future, if Plaintiff ever files more cases in this District,
it will do so in much smaller numbers with diligent case management.
72
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Case
Case
3:16-cv-05975-WHA
3:16-cv-06160-WHADocument
Document
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1 of
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1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-06160 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party AT&T Internet Services, in order to ascertain the
21 identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including AT&T or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom AT&T assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
74
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2 of
of 3798
1 Malibu Media may not use any information disclosed by AT&T for any
purpose other than protecting its rights as set forth in the complaint.
2
AT&T shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on AT&T.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on AT&T. AT&T shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform AT&T if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides AT&T in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from AT&T (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
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1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
76
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth
below the following documents, electronically stored information, or objects, and permit their
inspection, copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:
IP Address Date/Time
UTC
107.204.175.161 07/04/2016
04:00:59
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated
premises, land, or other property possessed or controlled by you at the time, date, and location set
forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample
the property or any designated object or operation on it.
77
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The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and
the potential consequences of not doing so.
Date: 2/6/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues
or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly
Hills, CA 90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
78
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 79 of 798
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
79
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Status: Plaintiff served its subpoena on AT&T on February 6, 2017. Plaintiff is currently
waiting for the ISP to respond to its subpoena and expects it do so by June 7, 2016.
93
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Case
Case
3:16-cv-05975-WHA
3:16-cv-05920-WHADocument
Document
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Page95
1 of
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1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-05920 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party AT&T Internet Services, in order to ascertain the
21 identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including AT&T or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom AT&T assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
95
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1 Malibu Media may not use any information disclosed by AT&T for any
purpose other than protecting its rights as set forth in the complaint.
2
AT&T shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on AT&T.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on AT&T. AT&T shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform AT&T if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides AT&T in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from AT&T (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
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1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
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11
United States District Court
12
For the Northern District of California
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below
the following documents, electronically stored information, or objects, and permit their inspection,
copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant John
Doe listed in the below chart:
IP Address Date/Time
UTC
107.214.150.33 06/07/2016
18:54:21
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated
premises, land, or other property possessed or controlled by you at the time, date, and location set
forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample
the property or any designated object or operation on it.
98
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The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the
potential consequences of not doing so.
Date: 2/6/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues
or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly
Hills, CA 90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
99
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(1) Avoiding Undue Burden or Expense; (B) When Permitted. To protect a person subject to or
Sanctions. A party or attorney responsible for issuing affected by a subpoena, the court for the district where
and serving a subpoena must take reasonable steps to compliance is required may, on motion, quash or
avoid imposing undue burden or expense on a person modify the subpoena if it requires:
subject to the subpoena. The court for the district (i) disclosing a trade secret or other confidential
where compliance is required must enforce this duty research, development, or commercial information; or
and impose an appropriate sanctionwhich may (ii) disclosing an unretained experts opinion or
include lost earnings and reasonable attorneys fees information that does not describe specific
on a party or attorney who fails to comply. occurrences in dispute and results from the experts
study that was not requested by a party.
(2) Command to Produce Materials or Permit (C) Specifying Conditions as an Alternative. In the
Inspection. circumstances described in Rule 45(d)(3)(B), the court
may, instead of quashing or modifying a subpoena,
(A) Appearance Not Required. A person order appearance or production under specified
commanded to produce documents, electronically conditions if the serving party:
stored information, or tangible things, or to permit the (i) shows a substantial need for the testimony or
inspection of premises, need not appear in person at material that cannot be otherwise met without undue
the place of production or inspection unless also hardship; and
commanded to appear for a deposition, hearing, or (ii) ensures that the subpoenaed person will be
trial. reasonably compensated.
(B) Objections. A person commanded to produce
documents or tangible things or to permit inspection
may serve on the party or attorney designated in the (e) Duties in Responding to a Subpoena.
subpoena a written objection to inspecting, copying,
testing, or sampling any or all of the materials or to (1) Producing Documents or Electronically Stored
inspecting the premisesor to producing Information. These procedures apply to producing
100
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Voluntary Dismissal: Plaintiff dismissed this case on May 2, 2017 after lengthy
negotiations with opposing counsel resulted in the parties reaching a settlement
agreement.
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P I L L A R L AW G R O U P
A P R O F E S S I O N A L L A W C O R P O R A T I O N
Pillar Law Group, APLC represents Plaintiff in the above captioned matter. On
10/11/2016, Plaintiff filed the instant case against John Doe Subscriber assigned IP
address 107.216.114.7 claiming Defendants direct infringement of Plaintiffs works
through the BitTorrent protocol. See CM/ECF 1. Because Defendant is only known to
Plaintiff by Defendants IP address, Plaintiff intends on filing a Renewed Motion for
Leave to Serve a Third Party Subpoena on the Defendants Internet Service Provider
(Renewed Motion), in order to obtain Defendants true identity. Plaintiff is in the
process of preparing this motion for filing. Please be advised that Plaintiffs Renewed
Motion, will seek leave of court to obtain Defendants identifying information from
AT&T Internet Services. Specifically, Plaintiff will seek documents in AT&Ts
possession which identify the name and address of the Defendant John Doe who was
assigned IP Address 107.216.114.7 at the following date and time: 6/5/2016 5:14:22 PM
UTC. Accordingly, Plaintiff hereby requests that you preserve the foregoing documents.
Please prevent the destruction, expiration, deletion, overwriting, concealment, or
modification (even if such data would otherwise expire, be deleted or overwritten,
concealed, or modified in the normal course of business, including through the
termination of user accounts) of documents which identify the name and address of the
Defendant John Doe who was assigned IP Address 107.216.114.7 at the following date
and time: 6/5/2016 5:14:22 PM UTC.
Compliance with these preservation obligations includes forwarding a copy of this letter
to all individuals that are responsible for the documents referred to in this letter. If this
correspondence is in any respect unclear, please call me immediately.
1
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To be clear, this is not a subpoena and Plaintiff is not demanding your production of
Defendants identifying information at this time. Please do NOT produce any of John
Doe Defendants identifying information to undersigned or Plaintiff until after the Court
grants Plaintiffs Renewed Motion and Plaintiff serves you with a subpoena.
If you have any questions or wish to discuss this matter in further detail, please feel free
to call my office.
Sincerely,
2
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Voluntary Dismissal: Plaintiff dismissed this case on March 17, 2017 because
Comcast, Defendants ISP, could not identify the subscriber.
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1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-05927 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party Comcast Cable Communications, LLC, in order
21 to ascertain the identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including Comcast or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom Comcast assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
117
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1 Malibu Media may not use any information disclosed by Comcast for any
purpose other than protecting its rights as set forth in the complaint.
2
Comcast shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on Comcast.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on Comcast. Comcast shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform Comcast if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides Comcast in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from Comcast (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
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1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
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23
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25
26
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28
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth
below the following documents, electronically stored information, or objects, and permit their
inspection, copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:
IP Address Date/Time
UTC
107.3.138.207 06/16/2016
03:40:53
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated
premises, land, or other property possessed or controlled by you at the time, date, and location set
forth below, so that the requesting party may inspect, measure, survey, photograph, test, or
sample the property or any designated object or operation on it.
The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and
the potential consequences of not doing so.
Date: 2/3/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who
issues or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor,
Beverly Hills, CA 90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. of the materials or to inspecting the premisesor to
producing electronically stored information in the
(1) For a Trial, Hearing, or Deposition. A form or forms requested. The objection must be
subpoena may command a person to attend a trial, served before the earlier of the time specified for
hearing, or deposition only as follows: compliance or 14 days after the subpoena is served.
(A) within 100 miles of where the person If an objection is made, the following rules apply:
resides, is employed, or regularly transacts business (i) At any time, on notice to the commanded
in person; or person, the serving party may move the court for
(B) within the state where the person resides, is the district where compliance is required for an
employed, or regularly transacts business in person, order compelling production or inspection.
if the person (ii) These acts may be required only as
(i) Is a person's party's officer; or directed in the order, and the order must protect a
(ii) Is commanded to attend a trial and would person who is neither a party nor a partys officer
incur substantial expense. from significant expense resulting from
compliance.
(2) For Other Discovery: A subpoena may
command: (3) Quashing or Modifying a Subpoena.
(A) production of documents, electronically (A) When Required. On timely motion, the court for
stored information, or tangible things at a place the district where compliance is required must
within 100 miles of where the person resides, is quash or modify a subpoena that:
employed, or regularly transacts business in person;
and (i) fails to allow a reasonable time to comply;
(B) inspection of premises at the premises to be (ii) requires a person to comply beyond the
inspected. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(d) Protecting a Person Subject to a Subpoena; protected matter, if no exception or waiver applies;
Enforcement. or
(iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense;
Sanctions. A party or attorney responsible for (B) When Permitted. To protect a person subject
issuing and serving a subpoena must take to or affected by a subpoena, the court for the
reasonable steps to avoid imposing undue burden or district where compliance is required may, on
expense on a person subject to the subpoena. The motion, quash or modify the subpoena if it requires:
court for the district where compliance is required (i) disclosing a trade secret or other confidential
must enforce this duty and impose an appropriate research, development, or commercial information;
sanctionwhich may include lost earnings and or
reasonable attorneys feeson a party or attorney (ii) disclosing an unretained experts opinion or
who fails to comply. information that does not describe specific
occurrences in dispute and results from the experts
(2) Command to Produce Materials or Permit study that was not requested by a party.
Inspection. (C) Specifying Conditions as an Alternative. In
the circumstances described in Rule 45(d)(3)(B),
(A) Appearance Not Required. A person the court may, instead of quashing or modifying a
commanded to produce documents, electronically subpoena, order appearance or production under
stored information, or tangible things, or to permit specified conditions if the serving party:
the inspection of premises, need not appear in (i) shows a substantial need for the testimony
person at the place of production or inspection or material that cannot be otherwise met without
unless also commanded to appear for a deposition, undue hardship; and
hearing, or trial. (ii) ensures that the subpoenaed person will be
(B) Objections. A person commanded to reasonably compensated.
produce documents or tangible things or to permit
inspection may serve on the party or attorney
designated in the subpoena a written objection to (e) Duties in Responding to a Subpoena.
inspecting, copying, testing, or sampling any or all
Voluntary Dismissal: Plaintiff dismissed this case on April 6, 2017 because Defendants
ISP's subpoena response revealed that the John Doe Defendant was also a Defendant in
another Malibu case (3:16-cv-6240-WHA). Accordingly, Plaintiff determined that it
would proceed against this Defendant in the other case.
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Case
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3:16-cv-05738-WHA
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1 ofof3798
1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-05738 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party AT&T Internet Services, in order to ascertain the
21 identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including AT&T or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom AT&T assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
129
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1 Malibu Media may not use any information disclosed by AT&T for any
purpose other than protecting its rights as set forth in the complaint.
2
AT&T shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on AT&T.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on AT&T. AT&T shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform AT&T if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides AT&T in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from AT&T (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
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1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
131
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth
below the following documents, electronically stored information, or objects, and permit their
inspection, copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:
IP Address Date/Time
UTC
108.194.46.141 04/19/2016
21:35:40
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated
premises, land, or other property possessed or controlled by you at the time, date, and location set
forth below, so that the requesting party may inspect, measure, survey, photograph, test, or
sample the property or any designated object or operation on it.
132
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The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and
the potential consequences of not doing so.
Date: 2/6/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who
issues or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor,
Beverly Hills, CA 90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
133
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. of the materials or to inspecting the premisesor to
producing electronically stored information in the
(1) For a Trial, Hearing, or Deposition. A form or forms requested. The objection must be
subpoena may command a person to attend a trial, served before the earlier of the time specified for
hearing, or deposition only as follows: compliance or 14 days after the subpoena is served.
(A) within 100 miles of where the person If an objection is made, the following rules apply:
resides, is employed, or regularly transacts business (i) At any time, on notice to the commanded
in person; or person, the serving party may move the court for
(B) within the state where the person resides, is the district where compliance is required for an
employed, or regularly transacts business in person, order compelling production or inspection.
if the person (ii) These acts may be required only as
(i) Is a person's party's officer; or directed in the order, and the order must protect a
(ii) Is commanded to attend a trial and would person who is neither a party nor a partys officer
incur substantial expense. from significant expense resulting from
compliance.
(2) For Other Discovery: A subpoena may
command: (3) Quashing or Modifying a Subpoena.
(A) production of documents, electronically (A) When Required. On timely motion, the court for
stored information, or tangible things at a place the district where compliance is required must
within 100 miles of where the person resides, is quash or modify a subpoena that:
employed, or regularly transacts business in person;
and (i) fails to allow a reasonable time to comply;
(B) inspection of premises at the premises to be (ii) requires a person to comply beyond the
inspected. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(d) Protecting a Person Subject to a Subpoena; protected matter, if no exception or waiver applies;
Enforcement. or
(iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense;
Sanctions. A party or attorney responsible for (B) When Permitted. To protect a person subject
issuing and serving a subpoena must take to or affected by a subpoena, the court for the
reasonable steps to avoid imposing undue burden or district where compliance is required may, on
expense on a person subject to the subpoena. The motion, quash or modify the subpoena if it requires:
court for the district where compliance is required (i) disclosing a trade secret or other confidential
must enforce this duty and impose an appropriate research, development, or commercial information;
sanctionwhich may include lost earnings and or
reasonable attorneys feeson a party or attorney (ii) disclosing an unretained experts opinion or
who fails to comply. information that does not describe specific
occurrences in dispute and results from the experts
(2) Command to Produce Materials or Permit study that was not requested by a party.
Inspection. (C) Specifying Conditions as an Alternative. In
the circumstances described in Rule 45(d)(3)(B),
(A) Appearance Not Required. A person the court may, instead of quashing or modifying a
commanded to produce documents, electronically subpoena, order appearance or production under
stored information, or tangible things, or to permit specified conditions if the serving party:
the inspection of premises, need not appear in (i) shows a substantial need for the testimony
person at the place of production or inspection or material that cannot be otherwise met without
unless also commanded to appear for a deposition, undue hardship; and
hearing, or trial. (ii) ensures that the subpoenaed person will be
(B) Objections. A person commanded to reasonably compensated.
produce documents or tangible things or to permit
inspection may serve on the party or attorney
designated in the subpoena a written objection to (e) Duties in Responding to a Subpoena.
inspecting, copying, testing, or sampling any or all
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Status: Plaintiff received the Defendants identifying information on April 24, 2017.
Plaintiff immediately conducted an investigation and determined that the evidence
strongly indicated that the subscriber was the infringer. Specifically, Plaintiffs
additional evidence contained information that the Defendant was downloading consumer
report magazines, Harvard business review, data analytic management system software,
and e-books focused on marketing and growing a business. The subscriber is CEO of
what appears to be a start up tech company.
On April 28, 2017, Plaintiff filed its Amended Complaint under seal. See CM/ECF 18.
And, on May 8, 2017, Plaintiff received its summons. See CM/ECF 21. Plaintiffs rule
4(m) deadline to serve the defendant is May 28, 2017. This Order to Show Cause
followed.
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1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-05975 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party AT&T Internet Services, in order to ascertain the
21 identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including AT&T or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom AT&T assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
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1 Malibu Media may not use any information disclosed by AT&T for any
purpose other than protecting its rights as set forth in the complaint.
2
AT&T shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on AT&T.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on AT&T. AT&T shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform AT&T if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides AT&T in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from AT&T (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
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1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth
below the following documents, electronically stored information, or objects, and permit their
inspection, copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:
IP Address Date/Time
UTC
108.228.12.17 06/23/2016
01:42:05
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated
premises, land, or other property possessed or controlled by you at the time, date, and location set
forth below, so that the requesting party may inspect, measure, survey, photograph, test, or
sample the property or any designated object or operation on it.
152
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The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and
the potential consequences of not doing so.
Date: 2/6/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who
issues or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor,
Beverly Hills, CA 90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
153
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. of the materials or to inspecting the premisesor to
producing electronically stored information in the
(1) For a Trial, Hearing, or Deposition. A form or forms requested. The objection must be
subpoena may command a person to attend a trial, served before the earlier of the time specified for
hearing, or deposition only as follows: compliance or 14 days after the subpoena is served.
(A) within 100 miles of where the person If an objection is made, the following rules apply:
resides, is employed, or regularly transacts business (i) At any time, on notice to the commanded
in person; or person, the serving party may move the court for
(B) within the state where the person resides, is the district where compliance is required for an
employed, or regularly transacts business in person, order compelling production or inspection.
if the person (ii) These acts may be required only as
(i) Is a person's party's officer; or directed in the order, and the order must protect a
(ii) Is commanded to attend a trial and would person who is neither a party nor a partys officer
incur substantial expense. from significant expense resulting from
compliance.
(2) For Other Discovery: A subpoena may
command: (3) Quashing or Modifying a Subpoena.
(A) production of documents, electronically (A) When Required. On timely motion, the court for
stored information, or tangible things at a place the district where compliance is required must
within 100 miles of where the person resides, is quash or modify a subpoena that:
employed, or regularly transacts business in person;
and (i) fails to allow a reasonable time to comply;
(B) inspection of premises at the premises to be (ii) requires a person to comply beyond the
inspected. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(d) Protecting a Person Subject to a Subpoena; protected matter, if no exception or waiver applies;
Enforcement. or
(iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense;
Sanctions. A party or attorney responsible for (B) When Permitted. To protect a person subject
issuing and serving a subpoena must take to or affected by a subpoena, the court for the
reasonable steps to avoid imposing undue burden or district where compliance is required may, on
expense on a person subject to the subpoena. The motion, quash or modify the subpoena if it requires:
court for the district where compliance is required (i) disclosing a trade secret or other confidential
must enforce this duty and impose an appropriate research, development, or commercial information;
sanctionwhich may include lost earnings and or
reasonable attorneys feeson a party or attorney (ii) disclosing an unretained experts opinion or
who fails to comply. information that does not describe specific
occurrences in dispute and results from the experts
(2) Command to Produce Materials or Permit study that was not requested by a party.
Inspection. (C) Specifying Conditions as an Alternative. In
the circumstances described in Rule 45(d)(3)(B),
(A) Appearance Not Required. A person the court may, instead of quashing or modifying a
commanded to produce documents, electronically subpoena, order appearance or production under
stored information, or tangible things, or to permit specified conditions if the serving party:
the inspection of premises, need not appear in (i) shows a substantial need for the testimony
person at the place of production or inspection or material that cannot be otherwise met without
unless also commanded to appear for a deposition, undue hardship; and
hearing, or trial. (ii) ensures that the subpoenaed person will be
(B) Objections. A person commanded to reasonably compensated.
produce documents or tangible things or to permit
inspection may serve on the party or attorney
designated in the subpoena a written objection to (e) Duties in Responding to a Subpoena.
inspecting, copying, testing, or sampling any or all
154
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Voluntary Dismissal: Plaintiff received Defendants name on March 28, 2017 and on
April 17, 2017 Plaintiff filed a voluntary dismissal. After an investigation, Plaintiff
determined that it was not in Plaintiffs, nor Defendants, best interests to move forward
with litigation. Indeed, its investigation revealed that Defendant was likely struggling
financially and still lived with his parents.
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3:16-cv-05921-WHA
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1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-05921 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party AT&T Internet Services, in order to ascertain the
21 identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including AT&T or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom AT&T assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
169
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1 Malibu Media may not use any information disclosed by AT&T for any
purpose other than protecting its rights as set forth in the complaint.
2
AT&T shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on AT&T.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on AT&T. AT&T shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform AT&T if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides AT&T in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from AT&T (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
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1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
171
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth
below the following documents, electronically stored information, or objects, and permit their
inspection, copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:
IP Address Date/Time
UTC
108.239.176.87 06/08/2016
03:47:47
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated
premises, land, or other property possessed or controlled by you at the time, date, and location set
forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample
the property or any designated object or operation on it.
172
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The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the
potential consequences of not doing so.
Date: 2/6/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues or
requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly Hills, CA
90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
173
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
174
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175
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180
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Voluntary Dismissal: Plaintiff dismissed this case on February 27, 2017 after it was
notified that AT&T could not identify the defendant.
187
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Case
Case
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3:16-cv-06155-WHA
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1 ofof3798
1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-06155 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party AT&T Internet Services, in order to ascertain the
21 identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including AT&T or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom AT&T assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
189
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1 Malibu Media may not use any information disclosed by AT&T for any
purpose other than protecting its rights as set forth in the complaint.
2
AT&T shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on AT&T.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on AT&T. AT&T shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform AT&T if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides AT&T in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from AT&T (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
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1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth
below the following documents, electronically stored information, or objects, and permit their
inspection, copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:
IP Address Date/Time
UTC
108.242.182.35 07/04/2016
02:25:25
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated
premises, land, or other property possessed or controlled by you at the time, date, and location set
forth below, so that the requesting party may inspect, measure, survey, photograph, test, or
sample the property or any designated object or operation on it.
192
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The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and
the potential consequences of not doing so.
Date: 2/6/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who
issues or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor,
Beverly Hills, CA 90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
193
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(2) For Other Discovery: A subpoena may (3) Quashing or Modifying a Subpoena.
command:
(A) When Required. On timely motion, the court for
(A) production of documents, electronically the district where compliance is required must
stored information, or tangible things at a place quash or modify a subpoena that:
within 100 miles of where the person resides, is
employed, or regularly transacts business in person; (i) fails to allow a reasonable time to comply;
and (ii) requires a person to comply beyond the
(B) inspection of premises at the premises to be geographical limits specified in Rule 45 ( c );
inspected. (iii) requires disclosure of privileged or other
protected matter, if no exception or waiver applies;
(d) Protecting a Person Subject to a Subpoena; or
Enforcement. (iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense; (B) When Permitted. To protect a person subject
Sanctions. A party or attorney responsible for to or affected by a subpoena, the court for the
issuing and serving a subpoena must take district where compliance is required may, on
reasonable steps to avoid imposing undue burden or motion, quash or modify the subpoena if it requires:
expense on a person subject to the subpoena. The (i) disclosing a trade secret or other confidential
court for the district where compliance is required research, development, or commercial information;
must enforce this duty and impose an appropriate or
sanctionwhich may include lost earnings and (ii) disclosing an unretained experts opinion or
reasonable attorneys feeson a party or attorney information that does not describe specific
who fails to comply. occurrences in dispute and results from the experts
study that was not requested by a party.
(2) Command to Produce Materials or Permit (C) Specifying Conditions as an Alternative. In
Inspection. the circumstances described in Rule 45(d)(3)(B),
the court may, instead of quashing or modifying a
(A) Appearance Not Required. A person subpoena, order appearance or production under
commanded to produce documents, electronically specified conditions if the serving party:
stored information, or tangible things, or to permit (i) shows a substantial need for the testimony
the inspection of premises, need not appear in or material that cannot be otherwise met without
person at the place of production or inspection undue hardship; and
unless also commanded to appear for a deposition, (ii) ensures that the subpoenaed person will be
hearing, or trial. reasonably compensated.
(B) Objections. A person commanded to
produce documents or tangible things or to permit (e) Duties in Responding to a Subpoena.
inspection may serve on the party or attorney
designated in the subpoena a written objection to (1) Producing Documents or Electronically Stored
inspecting, copying, testing, or sampling any or all Information. These procedures apply to producing
of the materials or to inspecting the premisesor to documents or electronically stored information:
194
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195
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200
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201
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Voluntary Dismissal: Plaintiff filed a notice of voluntary dismissal on April 17, 2017
because after an investigation it determined that the defendant was an elderly woman.
Although it appeared as if one of her sons may have been the infringer, Plaintiff
determined not to proceed with its case because Plaintiff has stated in the past it does not
pursue cases against the elderly.
206
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Case
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3:16-cv-05739-WHA
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1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-05739 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party AT&T Internet Services, in order to ascertain the
21 identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including AT&T or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom AT&T assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
208
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2 ofof3798
1 Malibu Media may not use any information disclosed by AT&T for any
purpose other than protecting its rights as set forth in the complaint.
2
AT&T shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on AT&T.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on AT&T. AT&T shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform AT&T if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides AT&T in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from AT&T (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
209
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1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
210
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth
below the following documents, electronically stored information, or objects, and permit their
inspection, copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:
IP Address Date/Time
UTC
108.243.38.8 04/21/2016
11:31:25
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated
premises, land, or other property possessed or controlled by you at the time, date, and location set
forth below, so that the requesting party may inspect, measure, survey, photograph, test, or
sample the property or any designated object or operation on it.
211
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The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and
the potential consequences of not doing so.
Date: 2/6/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who
issues or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor,
Beverly Hills, CA 90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
212
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 213 of 798
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. inspecting, copying, testing, or sampling any or all
of the materials or to inspecting the premisesor to
(1) For a Trial, Hearing, or Deposition. A producing electronically stored information in the
subpoena may command a person to attend a trial, form or forms requested. The objection must be
hearing, or deposition only as follows: served before the earlier of the time specified for
(A) within 100 miles of where the person compliance or 14 days after the subpoena is served.
resides, is employed, or regularly transacts business If an objection is made, the following rules apply:
in person; or (i) At any time, on notice to the commanded
(B) within the state where the person resides, is person, the serving party may move the court for
employed, or regularly transacts business in person, the district where compliance is required for an
if the person order compelling production or inspection.
(i) Is a person's party's officer; or (ii) These acts may be required only as
(ii) Is commanded to attend a trial and would directed in the order, and the order must protect a
incur substantial expense. person who is neither a party nor a partys officer
from significant expense resulting from
(2) For Other Discovery: A subpoena may compliance.
command:
(3) Quashing or Modifying a Subpoena.
(A) production of documents, electronically
stored information, or tangible things at a place (A) When Required. On timely motion, the court for
within 100 miles of where the person resides, is the district where compliance is required must
employed, or regularly transacts business in person; quash or modify a subpoena that:
and
(B) inspection of premises at the premises to be (i) fails to allow a reasonable time to comply;
inspected. (ii) requires a person to comply beyond the
geographical limits specified in Rule 45 ( c );
(d) Protecting a Person Subject to a Subpoena; (iii) requires disclosure of privileged or other
Enforcement. protected matter, if no exception or waiver applies;
or
(1) Avoiding Undue Burden or Expense; (iv) subjects a person to undue burden.
Sanctions. A party or attorney responsible for
issuing and serving a subpoena must take (B) When Permitted. To protect a person subject
reasonable steps to avoid imposing undue burden or to or affected by a subpoena, the court for the
expense on a person subject to the subpoena. The district where compliance is required may, on
court for the district where compliance is required motion, quash or modify the subpoena if it requires:
must enforce this duty and impose an appropriate (i) disclosing a trade secret or other confidential
sanctionwhich may include lost earnings and research, development, or commercial information;
reasonable attorneys feeson a party or attorney or
who fails to comply. (ii) disclosing an unretained experts opinion or
information that does not describe specific
(2) Command to Produce Materials or Permit occurrences in dispute and results from the experts
Inspection. study that was not requested by a party.
(C) Specifying Conditions as an Alternative. In
(A) Appearance Not Required. A person the circumstances described in Rule 45(d)(3)(B),
commanded to produce documents, electronically the court may, instead of quashing or modifying a
stored information, or tangible things, or to permit subpoena, order appearance or production under
the inspection of premises, need not appear in specified conditions if the serving party:
person at the place of production or inspection (i) shows a substantial need for the testimony
unless also commanded to appear for a deposition, or material that cannot be otherwise met without
hearing, or trial. undue hardship; and
(B) Objections. A person commanded to (ii) ensures that the subpoenaed person will be
produce documents or tangible things or to permit reasonably compensated.
inspection may serve on the party or attorney
designated in the subpoena a written objection to (e) Duties in Responding to a Subpoena.
213
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219
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221
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Status: Plaintiff has not yet received the identity of the Defendant from Defendants
Internet Service Provider. Plaintiff expects to receive it June 2, 2017 per its
communications with AT&T.
226
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Case
Case
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3:16-cv-06249-WHA
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Document
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1 ofof3798
1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-06249 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party AT&T Internet Services, in order to ascertain the
21 identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including AT&T or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom AT&T assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
228
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2 ofof3798
1 Malibu Media may not use any information disclosed by AT&T for any
purpose other than protecting its rights as set forth in the complaint.
2
AT&T shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on AT&T.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on AT&T. AT&T shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform AT&T if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides AT&T in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from AT&T (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
229
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1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
230
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth
below the following documents, electronically stored information, or objects, and permit their
inspection, copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated
premises, land, or other property possessed or controlled by you at the time, date, and location set
forth below, so that the requesting party may inspect, measure, survey, photograph, test, or
sample the property or any designated object or operation on it.
231
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 232 of 798
The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and
the potential consequences of not doing so.
Date: 2/6/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who
issues or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor,
Beverly Hills, CA 90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
232
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(2) For Other Discovery: A subpoena may (3) Quashing or Modifying a Subpoena.
command:
(A) When Required. On timely motion, the court for
(A) production of documents, electronically the district where compliance is required must
stored information, or tangible things at a place quash or modify a subpoena that:
within 100 miles of where the person resides, is
employed, or regularly transacts business in person; (i) fails to allow a reasonable time to comply;
and (ii) requires a person to comply beyond the
(B) inspection of premises at the premises to be geographical limits specified in Rule 45 ( c );
inspected. (iii) requires disclosure of privileged or other
protected matter, if no exception or waiver applies;
(d) Protecting a Person Subject to a Subpoena; or
Enforcement. (iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense; (B) When Permitted. To protect a person subject
Sanctions. A party or attorney responsible for to or affected by a subpoena, the court for the
issuing and serving a subpoena must take district where compliance is required may, on
reasonable steps to avoid imposing undue burden or motion, quash or modify the subpoena if it requires:
expense on a person subject to the subpoena. The (i) disclosing a trade secret or other confidential
court for the district where compliance is required research, development, or commercial information;
must enforce this duty and impose an appropriate or
sanctionwhich may include lost earnings and (ii) disclosing an unretained experts opinion or
reasonable attorneys feeson a party or attorney information that does not describe specific
who fails to comply. occurrences in dispute and results from the experts
study that was not requested by a party.
(2) Command to Produce Materials or Permit (C) Specifying Conditions as an Alternative. In
Inspection. the circumstances described in Rule 45(d)(3)(B),
the court may, instead of quashing or modifying a
(A) Appearance Not Required. A person subpoena, order appearance or production under
commanded to produce documents, electronically specified conditions if the serving party:
stored information, or tangible things, or to permit (i) shows a substantial need for the testimony
the inspection of premises, need not appear in or material that cannot be otherwise met without
person at the place of production or inspection undue hardship; and
unless also commanded to appear for a deposition, (ii) ensures that the subpoenaed person will be
hearing, or trial. reasonably compensated.
(B) Objections. A person commanded to
produce documents or tangible things or to permit (e) Duties in Responding to a Subpoena.
inspection may serve on the party or attorney
designated in the subpoena a written objection to (1) Producing Documents or Electronically Stored
inspecting, copying, testing, or sampling any or all Information. These procedures apply to producing
of the materials or to inspecting the premisesor to documents or electronically stored information:
233
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234
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236
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1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-05847 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party AT&T Internet Services, in order to ascertain the
21 identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including AT&T or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom AT&T assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
238
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1 Malibu Media may not use any information disclosed by AT&T for any
purpose other than protecting its rights as set forth in the complaint.
2
AT&T shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on AT&T.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on AT&T. AT&T shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform AT&T if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides AT&T in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from AT&T (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
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1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
240
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AO 88B (Rev.02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth
below the following documents, electronically stored information, or objects, and permit their
inspection, copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:
IP Address Date/Time
UTC
108.69.129.69 06/02/2016
14:49:34
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated
premises, land, or other property possessed or controlled by you at the time, date, and location set
forth below, so that the requesting party may inspect, measure, survey, photograph, test, or
sample the property or any designated object or operation on it.
241
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The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and
the potential consequences of not doing so.
Date: 2/6/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who
issues or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor,
Beverly Hills, CA 90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
242
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. inspection may serve on the party or attorney
designated in the subpoena a written objection to
(1) For a Trial, Hearing, or Deposition. A inspecting, copying, testing, or sampling any or all
subpoena may command a person to attend a trial, of the materials or to inspecting the premisesor to
hearing, or deposition only as follows: producing electronically stored information in the
(A) within 100 miles of where the person form or forms requested. The objection must be
resides, is employed, or regularly transacts business served before the earlier of the time specified for
in person; or compliance or 14 days after the subpoena is served.
(B) within the state where the person resides, is If an objection is made, the following rules apply:
employed, or regularly transacts business in person, (i) At any time, on notice to the commanded
if the person person, the serving party may move the court for
(i) Is a person's party's officer; or the district where compliance is required for an
(ii) Is commanded to attend a trial and would order compelling production or inspection.
incur substantial expense. (ii) These acts may be required only as
directed in the order, and the order must protect a
(2) For Other Discovery: A subpoena may person who is neither a party nor a partys officer
command: from significant expense resulting from
compliance.
(A) production of documents, electronically
stored information, or tangible things at a place (3) Quashing or Modifying a Subpoena.
within 100 miles of where the person resides, is
employed, or regularly transacts business in person; (A) When Required. On timely motion, the court for
and the district where compliance is required must
(B) inspection of premises at the premises to be quash or modify a subpoena that:
inspected.
(i) fails to allow a reasonable time to comply;
(d) Protecting a Person Subject to a Subpoena; (ii) requires a person to comply beyond the
Enforcement. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(1) Avoiding Undue Burden or Expense; protected matter, if no exception or waiver applies;
Sanctions. A party or attorney responsible for or
issuing and serving a subpoena must take (iv) subjects a person to undue burden.
reasonable steps to avoid imposing undue burden or
expense on a person subject to the subpoena. The (B) When Permitted. To protect a person subject
court for the district where compliance is required to or affected by a subpoena, the court for the
must enforce this duty and impose an appropriate district where compliance is required may, on
sanctionwhich may include lost earnings and motion, quash or modify the subpoena if it requires:
reasonable attorneys feeson a party or attorney (i) disclosing a trade secret or other confidential
who fails to comply. research, development, or commercial information;
or
(2) Command to Produce Materials or Permit (ii) disclosing an unretained experts opinion or
Inspection. information that does not describe specific
occurrences in dispute and results from the experts
(A) Appearance Not Required. A person study that was not requested by a party.
commanded to produce documents, electronically (C) Specifying Conditions as an Alternative. In
stored information, or tangible things, or to permit the circumstances described in Rule 45(d)(3)(B),
the inspection of premises, need not appear in the court may, instead of quashing or modifying a
person at the place of production or inspection subpoena, order appearance or production under
unless also commanded to appear for a deposition, specified conditions if the serving party:
hearing, or trial. (i) shows a substantial need for the testimony
(B) Objections. A person commanded to or material that cannot be otherwise met without
produce documents or tangible things or to permit undue hardship; and
243
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(ii) ensures that the subpoenaed person will be 26(b)(2)(C). The court may specify conditions for
reasonably compensated. the discovery.
244
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Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 246 of 798
Voluntary Dismissal: On April 25, 2017, Plaintiff filed a voluntary dismissal with
prejudice because Plaintiff reached a settlement Defendants counsel.
246
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1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-05843 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party AT&T Internet Services, in order to ascertain the
21 identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including AT&T or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom AT&T assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
248
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1 Malibu Media may not use any information disclosed by AT&T for any
purpose other than protecting its rights as set forth in the complaint.
2
AT&T shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on AT&T.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on AT&T. AT&T shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform AT&T if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides AT&T in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from AT&T (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
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1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
250
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth
below the following documents, electronically stored information, or objects, and permit their
inspection, copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:
IP Address Date/Time
UTC
108.77.237.167 06/01/2016
12:46:53
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated
premises, land, or other property possessed or controlled by you at the time, date, and location set
forth below, so that the requesting party may inspect, measure, survey, photograph, test, or
sample the property or any designated object or operation on it.
251
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 252 of 798
The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and
the potential consequences of not doing so.
Date: 2/6/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who
issues or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor,
Beverly Hills, CA 90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
252
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 253 of 798
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. designated in the subpoena a written objection to
inspecting, copying, testing, or sampling any or all
(1) For a Trial, Hearing, or Deposition. A of the materials or to inspecting the premisesor to
subpoena may command a person to attend a trial, producing electronically stored information in the
hearing, or deposition only as follows: form or forms requested. The objection must be
(A) within 100 miles of where the person served before the earlier of the time specified for
resides, is employed, or regularly transacts business compliance or 14 days after the subpoena is served.
in person; or If an objection is made, the following rules apply:
(B) within the state where the person resides, is (i) At any time, on notice to the commanded
employed, or regularly transacts business in person, person, the serving party may move the court for
if the person the district where compliance is required for an
(i) Is a person's party's officer; or order compelling production or inspection.
(ii) Is commanded to attend a trial and would (ii) These acts may be required only as
incur substantial expense. directed in the order, and the order must protect a
person who is neither a party nor a partys officer
(2) For Other Discovery: A subpoena may from significant expense resulting from
command: compliance.
253
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the discovery.
254
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After it completed its investigation, Plaintiff determined that the evidence most likely
identified the subscriber as the infringer based on the length of infringement, geographic
location and apparent lack of access by any third party to Defendants Internet during the
time of infringement.
Unfortunately, however, Plaintiffs investigation took two weeks and Plaintiff did not file
it's Amended Complaint until April 5, 2017. Plaintiff did not receive the Summons until
April 26, 2017. Plaintiffs extension to serve the Defendant was denied without
prejudice. Because Plaintiffs counsel did not request the summons in person, Plaintiff
felt that a renewed extension would not be considered good faith, and dismissed its case.
Plaintiff apologizes to the Court for its undue delay and in the future, should it file
additional cases in this District, it will ensure it has counsel appear personally to pick up
the summons and avoid any unnecessary extension requests.
282
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1 ofof3798
1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-06108 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party AT&T Internet Services, in order to ascertain the
21 identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including AT&T or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom AT&T assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
284
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2 ofof3798
1 Malibu Media may not use any information disclosed by AT&T for any
purpose other than protecting its rights as set forth in the complaint.
2
AT&T shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on AT&T.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on AT&T. AT&T shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform AT&T if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides AT&T in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from AT&T (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
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1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth
below the following documents, electronically stored information, or objects, and permit their
inspection, copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:
IP Address Date/Time
UTC
108.78.248.226 06/25/2016
20:22:19
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated
premises, land, or other property possessed or controlled by you at the time, date, and location set
forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample
287
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The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and
the potential consequences of not doing so.
Date: 2/6/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues
or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly
Hills, CA 90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
288
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
inspection may serve on the party or attorney
(c) Place of Compliance. designated in the subpoena a written objection to
inspecting, copying, testing, or sampling any or all
(1) For a Trial, Hearing, or Deposition. A of the materials or to inspecting the premisesor to
subpoena may command a person to attend a trial, producing electronically stored information in the
hearing, or deposition only as follows: form or forms requested. The objection must be
(A) within 100 miles of where the person served before the earlier of the time specified for
resides, is employed, or regularly transacts business compliance or 14 days after the subpoena is served.
in person; or If an objection is made, the following rules apply:
(B) within the state where the person resides, is (i) At any time, on notice to the commanded
employed, or regularly transacts business in person, person, the serving party may move the court for
if the person the district where compliance is required for an
(i) Is a person's party's officer; or order compelling production or inspection.
(ii) Is commanded to attend a trial and would (ii) These acts may be required only as
incur substantial expense. directed in the order, and the order must protect a
person who is neither a party nor a partys officer
(2) For Other Discovery: A subpoena may from significant expense resulting from
command: compliance.
289
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reasonably compensated. may notify any party that received the information
of the claim and the basis for it. After being
notified, a party must promptly return, sequester, or
(e) Duties in Responding to a Subpoena. destroy the specified information and any copies it
has; must not use or disclose the information until
(1) Producing Documents or Electronically Stored the claim is resolved; must take reasonable steps to
Information. These procedures apply to producing retrieve the information if the party disclosed it
documents or electronically stored information: before being notified; and may promptly present
the information under seal to the court for the
(A) Documents. A person responding to a district where compliance is required for a
subpoena to produce documents must produce them determination of the claim. The person who
as they are kept in the ordinary course of business produced the information must preserve the
or must organize and label them to correspond to information until the claim is resolved.
the categories in the demand.
(g) Contempt.
(B) Form for Producing Electronically Stored
Information Not Specified. If a subpoena does not The court for the district where compliance is
specify a form for producing electronically stored requiredand also, after a motion is transferred,
information, the person responding must produce it the issuing courtmay hold in contempt a person
in a form or forms in which it is ordinarily who, having been served, fails without adequate
maintained or in a reasonably usable form or forms. excuse to obey the subpoena or an order related to
it.
(C) Electronically Stored Information Produced
in Only One Form. The person responding need not
produce the same electronically stored information
in more than one form.
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Voluntary Dismissal: Plaintiff filed its dismissal on April 7, 2017. On April 4, 2017
Plaintiff received Defendants identifying information. Plaintiff immediately conducted
an investigation and determined that the subscriber lives with his wife and adult child.
Plaintiffs investigators largely believed that the adult child was the actual infringer,
butalso that he suffered financial difficulties. Based on the suspected infringers hardship,
Plaintiff determined it was not in either parties best interest to proceed.
306
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3:16-cv-05926-WHA
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1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-05926 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party AT&T Internet Services, in order to ascertain the
21 identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including AT&T or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom AT&T assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
308
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1 Malibu Media may not use any information disclosed by AT&T for any
purpose other than protecting its rights as set forth in the complaint.
2
AT&T shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on AT&T.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on AT&T. AT&T shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform AT&T if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides AT&T in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from AT&T (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
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1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
310
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the
following documents, electronically stored information, or objects, and permit their inspection, copying,
testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant John Doe
listed in the below chart:
IP Address Date/Time
UTC
108.85.29.158 06/15/2016
01:46:58
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated
premises, land, or other property possessed or controlled by you at the time, date, and location set
forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample
the property or any designated object or operation on it.
311
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The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and
the potential consequences of not doing so.
Date:2/6/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who
issues or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor,
Beverly Hills, CA 90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
312
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. objection must be served before the earlier of the time
specified for
(1) For a Trial, Hearing, or Deposition. A subpoena
may command a person to attend a trial, hearing, or compliance or 14 days after the subpoena is served. If
deposition only as follows: an objection is made, the following rules apply:
(A) within 100 miles of where the person resides, is (i) At any time, on notice to the commanded
employed, or regularly transacts business in person; or person, the serving party may move the court for the
(B) within the state where the person resides, is district where compliance is required for an order
employed, or regularly transacts business in person, if compelling production or inspection.
the person (ii) These acts may be required only as directed in
(i) Is a person's party's officer; or the order, and the order must protect a person who is
(ii) Is commanded to attend a trial and would incur neither a party nor a partys officer from significant
substantial expense. expense resulting from compliance.
(2) For Other Discovery: A subpoena may command: (3) Quashing or Modifying a Subpoena.
(A) production of documents, electronically stored (A) When Required. On timely motion, the court for the
information, or tangible things at a place within 100 district where compliance is required must quash or
miles of where the person resides, is employed, or modify a subpoena that:
regularly transacts business in person; and
(B) inspection of premises at the premises to be (i) fails to allow a reasonable time to comply;
inspected. (ii) requires a person to comply beyond the
geographical limits specified in Rule 45 ( c );
(d) Protecting a Person Subject to a Subpoena; (iii) requires disclosure of privileged or other
Enforcement. protected matter, if no exception or waiver applies; or
(iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense; Sanctions.
A party or attorney responsible for issuing and serving a (B) When Permitted. To protect a person subject to or
subpoena must take reasonable steps to avoid imposing affected by a subpoena, the court for the district where
undue burden or expense on a person subject to the compliance is required may, on motion, quash or modify
subpoena. The court for the district where compliance is the subpoena if it requires:
required must enforce this duty and impose an (i) disclosing a trade secret or other confidential
appropriate sanctionwhich may include lost earnings research, development, or commercial information; or
and reasonable attorneys feeson a party or attorney (ii) disclosing an unretained experts opinion or
who fails to comply. information that does not describe specific occurrences
in dispute and results from the experts study that was
(2) Command to Produce Materials or Permit not requested by a party.
Inspection. (C) Specifying Conditions as an Alternative. In the
circumstances described in Rule 45(d)(3)(B), the court
(A) Appearance Not Required. A person may, instead of quashing or modifying a subpoena,
commanded to produce documents, electronically stored order appearance or production under specified
information, or tangible things, or to permit the conditions if the serving party:
inspection of premises, need not appear in person at the (i) shows a substantial need for the testimony or
place of production or inspection unless also material that cannot be otherwise met without undue
commanded to appear for a deposition, hearing, or trial. hardship; and
(B) Objections. A person commanded to produce (ii) ensures that the subpoenaed person will be
documents or tangible things or to permit inspection reasonably compensated.
may serve on the party or attorney designated in the
subpoena a written objection to inspecting, copying,
testing, or sampling any or all of the materials or to (e) Duties in Responding to a Subpoena.
inspecting the premisesor to producing electronically
stored information in the form or forms requested. The (1) Producing Documents or Electronically Stored
313
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321
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Voluntary Dismissal: On April 7, 2017, Plaintiff filed its Notice of Voluntary Dismissal
because it reached settlement with Defendants counsel. Plaintiff never learned the
identity of the Defendant in this case.
326
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Case
Case
3:16-cv-05975-WHA
3:16-cv-05970-WHA
Document
Document
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1 ofof3798
1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-05970 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party AT&T Internet Services, in order to ascertain the
21 identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including AT&T or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom AT&T assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
328
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2 ofof3798
1 Malibu Media may not use any information disclosed by AT&T for any
purpose other than protecting its rights as set forth in the complaint.
2
AT&T shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on AT&T.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on AT&T. AT&T shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform AT&T if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides AT&T in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from AT&T (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
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1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
330
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth
below the following documents, electronically stored information, or objects, and permit their
inspection, copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:
IP Address Date/Time
UTC
108.89.36.115 06/19/2016
15:59:31
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated
premises, land, or other property possessed or controlled by you at the time, date, and location set
forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample
the property or any designated object or operation on it.
331
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The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and
the potential consequences of not doing so.
Date: 2/6/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who
issues or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor,
Beverly Hills, CA 90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
332
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 333 of 798
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
333
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 334 of 798
(ii) ensures that the subpoenaed person will be 26(b)(2)(C). The court may specify conditions for
reasonably compensated. the discovery.
334
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Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 340 of 798
Voluntary Dismissal: Plaintiff filed its dismissal on May 5, 2017 because Defendants
ISP was unable to provide Plaintiff with Defendants name. All AT&T could provide to
Plaintiff was an address and the name Sonic Customer. Based on this information,
Plaintiff was unable to complete its investigation and therefore did not feel appropriate
moving forward with its case.
340
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Case
Case
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3:16-cv-05828-WHA
Document
Document
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1 ofof3798
1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-05828 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party AT&T Internet Services, in order to ascertain the
21 identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including AT&T or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom AT&T assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
342
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3:16-cv-05828-WHA
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2 ofof3798
1 Malibu Media may not use any information disclosed by AT&T for any
purpose other than protecting its rights as set forth in the complaint.
2
AT&T shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on AT&T.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on AT&T. AT&T shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform AT&T if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides AT&T in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from AT&T (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
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1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
344
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AO 88B (Rev.02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below
the following documents, electronically stored information, or objects, and permit their inspection,
copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant John
Doe listed in the below chart:
IP Address Date/Time
UTC
162.226.173.100 05/30/2016
08:56:13
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated
premises, land, or other property possessed or controlled by you at the time, date, and location set
forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample
the property or any designated object or operation on it.
345
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 346 of 798
The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and
the potential consequences of not doing so.
Date: 2/6/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues or
requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly Hills, CA
90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
346
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 347 of 798
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. inspecting, copying, testing, or sampling any or all
of the materials or to inspecting the premisesor to
(1) For a Trial, Hearing, or Deposition. A producing electronically stored information in the
subpoena may command a person to attend a trial, form or forms requested. The objection must be
hearing, or deposition only as follows: served before the earlier of the time specified for
(A) within 100 miles of where the person compliance or 14 days after the subpoena is served.
resides, is employed, or regularly transacts business If an objection is made, the following rules apply:
in person; or (i) At any time, on notice to the commanded
(B) within the state where the person resides, is person, the serving party may move the court for
employed, or regularly transacts business in person, the district where compliance is required for an
if the person order compelling production or inspection.
(i) Is a person's party's officer; or (ii) These acts may be required only as
(ii) Is commanded to attend a trial and would directed in the order, and the order must protect a
incur substantial expense. person who is neither a party nor a partys officer
from significant expense resulting from
(2) For Other Discovery: A subpoena may compliance.
command:
(3) Quashing or Modifying a Subpoena.
(A) production of documents, electronically
stored information, or tangible things at a place (A) When Required. On timely motion, the court for
within 100 miles of where the person resides, is the district where compliance is required must
employed, or regularly transacts business in person; quash or modify a subpoena that:
and
(B) inspection of premises at the premises to be (i) fails to allow a reasonable time to comply;
inspected. (ii) requires a person to comply beyond the
geographical limits specified in Rule 45 ( c );
(d) Protecting a Person Subject to a Subpoena; (iii) requires disclosure of privileged or other
Enforcement. protected matter, if no exception or waiver applies;
or
(1) Avoiding Undue Burden or Expense; (iv) subjects a person to undue burden.
Sanctions. A party or attorney responsible for
issuing and serving a subpoena must take (B) When Permitted. To protect a person subject
reasonable steps to avoid imposing undue burden or to or affected by a subpoena, the court for the
expense on a person subject to the subpoena. The district where compliance is required may, on
court for the district where compliance is required motion, quash or modify the subpoena if it requires:
must enforce this duty and impose an appropriate (i) disclosing a trade secret or other confidential
sanctionwhich may include lost earnings and research, development, or commercial information;
reasonable attorneys feeson a party or attorney or
who fails to comply. (ii) disclosing an unretained experts opinion or
information that does not describe specific
(2) Command to Produce Materials or Permit occurrences in dispute and results from the experts
Inspection. study that was not requested by a party.
(C) Specifying Conditions as an Alternative. In
(A) Appearance Not Required. A person the circumstances described in Rule 45(d)(3)(B),
commanded to produce documents, electronically the court may, instead of quashing or modifying a
stored information, or tangible things, or to permit subpoena, order appearance or production under
the inspection of premises, need not appear in specified conditions if the serving party:
person at the place of production or inspection (i) shows a substantial need for the testimony
unless also commanded to appear for a deposition, or material that cannot be otherwise met without
hearing, or trial. undue hardship; and
(B) Objections. A person commanded to (ii) ensures that the subpoenaed person will be
produce documents or tangible things or to permit reasonably compensated.
inspection may serve on the party or attorney
designated in the subpoena a written objection to
347
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353
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354
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355
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356
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357
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362
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363
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364
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365
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366
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Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 368 of 798
SERVICE ADDRESS:
NEWARK, CA 94560
BILLING ADDRESS:
368
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369
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Case
Case
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3:16-cv-06146-WHA
Document
Document
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Page371
1 ofof3798
1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-06146 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party AT&T Internet Services, in order to ascertain the
21 identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including AT&T or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom AT&T assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
371
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2 ofof3798
1 Malibu Media may not use any information disclosed by AT&T for any
purpose other than protecting its rights as set forth in the complaint.
2
AT&T shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on AT&T.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on AT&T. AT&T shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform AT&T if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides AT&T in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from AT&T (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
372
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3 ofof3798
1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
373
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 374 of 798
AO 88B (Rev.02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below
the following documents, electronically stored information, or objects, and permit their inspection,
copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:
IP Address Date/Time
UTC
162.228.218.223 07/01/2016
15:30:50
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated
premises, land, or other property possessed or controlled by you at the time, date, and location set
forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample
the property or any designated object or operation on it.
374
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 375 of 798
The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the
potential consequences of not doing so.
Date: 2/6/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues
or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly
Hills, CA 90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
375
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 376 of 798
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. testing, or sampling any or all of the materials or to
inspecting the premisesor to producing
(1) For a Trial, Hearing, or Deposition. A subpoena electronically stored information in the form or
may command a person to attend a trial, hearing, or forms requested. The objection must be served
deposition only as follows: before the earlier of the time specified for
(A) within 100 miles of where the person resides, compliance or 14 days after the subpoena is served.
is employed, or regularly transacts business in If an objection is made, the following rules apply:
person; or (i) At any time, on notice to the commanded
(B) within the state where the person resides, is person, the serving party may move the court for the
employed, or regularly transacts business in person, district where compliance is required for an order
if the person compelling production or inspection.
(i) Is a person's party's officer; or (ii) These acts may be required only as directed
(ii) Is commanded to attend a trial and would in the order, and the order must protect a person who
incur substantial expense. is neither a party nor a partys officer from
significant expense resulting from compliance.
(2) For Other Discovery: A subpoena may
command: (3) Quashing or Modifying a Subpoena.
(A) production of documents, electronically (A) When Required. On timely motion, the court for
stored information, or tangible things at a place the district where compliance is required must quash
within 100 miles of where the person resides, is or modify a subpoena that:
employed, or regularly transacts business in person;
and (i) fails to allow a reasonable time to comply;
(B) inspection of premises at the premises to be (ii) requires a person to comply beyond the
inspected. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(d) Protecting a Person Subject to a Subpoena; protected matter, if no exception or waiver applies;
Enforcement. or
(iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense;
Sanctions. A party or attorney responsible for (B) When Permitted. To protect a person subject to
issuing and serving a subpoena must take reasonable or affected by a subpoena, the court for the district
steps to avoid imposing undue burden or expense on where compliance is required may, on motion, quash
a person subject to the subpoena. The court for the or modify the subpoena if it requires:
district where compliance is required must enforce (i) disclosing a trade secret or other confidential
this duty and impose an appropriate sanction research, development, or commercial information;
which may include lost earnings and reasonable or
attorneys feeson a party or attorney who fails to (ii) disclosing an unretained experts opinion or
comply. information that does not describe specific
occurrences in dispute and results from the experts
(2) Command to Produce Materials or Permit study that was not requested by a party.
Inspection. (C) Specifying Conditions as an Alternative. In the
circumstances described in Rule 45(d)(3)(B), the
(A) Appearance Not Required. A person court may, instead of quashing or modifying a
commanded to produce documents, electronically subpoena, order appearance or production under
stored information, or tangible things, or to permit specified conditions if the serving party:
the inspection of premises, need not appear in person (i) shows a substantial need for the testimony or
at the place of production or inspection unless also material that cannot be otherwise met without undue
commanded to appear for a deposition, hearing, or hardship; and
trial. (ii) ensures that the subpoenaed person will be
(B) Objections. A person commanded to produce reasonably compensated.
documents or tangible things or to permit inspection
may serve on the party or attorney designated in the
subpoena a written objection to inspecting, copying, (e) Duties in Responding to a Subpoena.
376
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377
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382
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383
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384
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Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 387 of 798
Voluntary Dismissal: Plaintiff filed its dismissal on May 5, 2017. On April 4, 2017,
Plaintiff received the subscribers identity. Although the IP address traced to a retail
store, Plaintiff was quickly able to determine that the store had limited employees, and its
additional evidence pinpointed, Defendant, the owner of the retail store, as the infringer.
On April 7, 2017 Plaintiff filed its Amended Complaint. Unfortunately, Plaintiff was
unable to obtain the summons in this case until April 26, 2017. Plaintiff filed a motion to
extend its service deadline, which was denied by this Court without prejudice. Plaintiff
ultimately determined it had to dismiss this case because it had not made diligent efforts
to receive the summons in person, causing unnecessary delays. Plaintiff and undersigned
sincerely apologize to the Court for its errors causing these delays and assure the Court
that, if in the future, Plaintiff files cases in this District, it will ensure it has counsel pick
up the summons in person to avoid needlessly burdening the Court with additional
extension requests.
387
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 388 of 798
Case
Case
3:16-cv-05975-WHA
3:16-cv-05855-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/02/17 Page
Page389
1 ofof3798
1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-05855 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party AT&T Internet Services, in order to ascertain the
21 identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including AT&T or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom AT&T assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
389
Case
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3:16-cv-05855-WHA
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2 ofof3798
1 Malibu Media may not use any information disclosed by AT&T for any
purpose other than protecting its rights as set forth in the complaint.
2
AT&T shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on AT&T.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on AT&T. AT&T shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform AT&T if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides AT&T in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from AT&T (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
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1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
15
16
17
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AO 88B (Rev.02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below
the following documents, electronically stored information, or objects, and permit their inspection,
copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:
IP Address Date/Time
UTC
172.9.234.15 06/05/2016
22:53:31
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated
premises, land, or other property possessed or controlled by you at the time, date, and location set
forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample
the property or any designated object or operation on it.
392
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The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the
potential consequences of not doing so.
Date: 2/6/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues
or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly
Hills, CA 90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
393
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. testing, or sampling any or all of the materials or to
inspecting the premisesor to producing
(1) For a Trial, Hearing, or Deposition. A subpoena electronically stored information in the form or
may command a person to attend a trial, hearing, or forms requested. The objection must be served
deposition only as follows: before the earlier of the time specified for
(A) within 100 miles of where the person resides, compliance or 14 days after the subpoena is served.
is employed, or regularly transacts business in If an objection is made, the following rules apply:
person; or (i) At any time, on notice to the commanded
(B) within the state where the person resides, is person, the serving party may move the court for the
employed, or regularly transacts business in person, district where compliance is required for an order
if the person compelling production or inspection.
(i) Is a person's party's officer; or (ii) These acts may be required only as directed
(ii) Is commanded to attend a trial and would in the order, and the order must protect a person who
incur substantial expense. is neither a party nor a partys officer from
significant expense resulting from compliance.
(2) For Other Discovery: A subpoena may
command: (3) Quashing or Modifying a Subpoena.
(A) production of documents, electronically (A) When Required. On timely motion, the court for
stored information, or tangible things at a place the district where compliance is required must quash
within 100 miles of where the person resides, is or modify a subpoena that:
employed, or regularly transacts business in person;
and (i) fails to allow a reasonable time to comply;
(B) inspection of premises at the premises to be (ii) requires a person to comply beyond the
inspected. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(d) Protecting a Person Subject to a Subpoena; protected matter, if no exception or waiver applies;
Enforcement. or
(iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense;
Sanctions. A party or attorney responsible for (B) When Permitted. To protect a person subject to
issuing and serving a subpoena must take reasonable or affected by a subpoena, the court for the district
steps to avoid imposing undue burden or expense on where compliance is required may, on motion, quash
a person subject to the subpoena. The court for the or modify the subpoena if it requires:
district where compliance is required must enforce (i) disclosing a trade secret or other confidential
this duty and impose an appropriate sanction research, development, or commercial information;
which may include lost earnings and reasonable or
attorneys feeson a party or attorney who fails to (ii) disclosing an unretained experts opinion or
comply. information that does not describe specific
occurrences in dispute and results from the experts
(2) Command to Produce Materials or Permit study that was not requested by a party.
Inspection. (C) Specifying Conditions as an Alternative. In the
circumstances described in Rule 45(d)(3)(B), the
(A) Appearance Not Required. A person court may, instead of quashing or modifying a
commanded to produce documents, electronically subpoena, order appearance or production under
stored information, or tangible things, or to permit specified conditions if the serving party:
the inspection of premises, need not appear in person (i) shows a substantial need for the testimony or
at the place of production or inspection unless also material that cannot be otherwise met without undue
commanded to appear for a deposition, hearing, or hardship; and
trial. (ii) ensures that the subpoenaed person will be
(B) Objections. A person commanded to produce reasonably compensated.
documents or tangible things or to permit inspection
may serve on the party or attorney designated in the
subpoena a written objection to inspecting, copying, (e) Duties in Responding to a Subpoena.
394
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Voluntary Dismissal: Plaintiff received Defendant's identity on March 31, 2017 and
immediately began its investigation on Defendant. Its investigation determined that the
subscriber was the most likely infringer based on numerous matches from Plaintiffs
additional evidence to Defendants hobbies, interests, and work background.
Unfortunately, Plaintiff did not file its Amended Complaint until April 25, 2017.
Plaintiff received the summons on April 26, 2017, and on April 28, 2017 requested an
extension of service, which was denied without prejudice.
Because Plaintiff knew its investigation was not completed fast enough, Plaintiff did not
renew its extension request, believing it could not show due diligence. Plaintiff and
undersigned sincerely apologize to the Court for this inconvenience and assure the Court
that if Plaintiff ever files suit in this District again, it will do so only in small increments
and diligently manage its deadlines.
418
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1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-06111 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party Comcast Cable Communications, LLC, in order
21 to ascertain the identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including Comcast or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom Comcast assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
419
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1 Malibu Media may not use any information disclosed by Comcast for any
purpose other than protecting its rights as set forth in the complaint.
2
Comcast shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on Comcast.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on Comcast. Comcast shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform Comcast if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides Comcast in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from Comcast (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
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1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
15
16
17
18
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20
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22
23
24
25
26
27
28
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AO 88B (Rev.02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below
the following documents, electronically stored information, or objects, and permit their inspection,
copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:
IP Address Date/Time
UTC
24.130.56.150 06/26/2016
13:49:43
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated
premises, land, or other property possessed or controlled by you at the time, date, and location set
forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample
the property or any designated object or operation on it.
The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the
potential consequences of not doing so.
Date: 2/3/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues
or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly
Hills, CA 90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. subpoena a written objection to inspecting, copying,
testing, or sampling any or all of the materials or to
(1) For a Trial, Hearing, or Deposition. A subpoena inspecting the premisesor to producing
may command a person to attend a trial, hearing, or electronically stored information in the form or
deposition only as follows: forms requested. The objection must be served
(A) within 100 miles of where the person resides, before the earlier of the time specified for
is employed, or regularly transacts business in compliance or 14 days after the subpoena is served.
person; or If an objection is made, the following rules apply:
(B) within the state where the person resides, is (i) At any time, on notice to the commanded
employed, or regularly transacts business in person, person, the serving party may move the court for the
if the person district where compliance is required for an order
(i) Is a person's party's officer; or compelling production or inspection.
(ii) Is commanded to attend a trial and would (ii) These acts may be required only as directed
incur substantial expense. in the order, and the order must protect a person who
is neither a party nor a partys officer from
(2) For Other Discovery: A subpoena may significant expense resulting from compliance.
command:
(3) Quashing or Modifying a Subpoena.
(A) production of documents, electronically
stored information, or tangible things at a place (A) When Required. On timely motion, the court for
within 100 miles of where the person resides, is the district where compliance is required must quash
employed, or regularly transacts business in person; or modify a subpoena that:
and
(B) inspection of premises at the premises to be (i) fails to allow a reasonable time to comply;
inspected. (ii) requires a person to comply beyond the
geographical limits specified in Rule 45 ( c );
(d) Protecting a Person Subject to a Subpoena; (iii) requires disclosure of privileged or other
Enforcement. protected matter, if no exception or waiver applies;
or
(1) Avoiding Undue Burden or Expense; (iv) subjects a person to undue burden.
Sanctions. A party or attorney responsible for
issuing and serving a subpoena must take reasonable (B) When Permitted. To protect a person subject to
steps to avoid imposing undue burden or expense on or affected by a subpoena, the court for the district
a person subject to the subpoena. The court for the where compliance is required may, on motion, quash
district where compliance is required must enforce or modify the subpoena if it requires:
this duty and impose an appropriate sanction (i) disclosing a trade secret or other confidential
which may include lost earnings and reasonable research, development, or commercial information;
attorneys feeson a party or attorney who fails to or
comply. (ii) disclosing an unretained experts opinion or
information that does not describe specific
(2) Command to Produce Materials or Permit occurrences in dispute and results from the experts
Inspection. study that was not requested by a party.
(C) Specifying Conditions as an Alternative. In the
(A) Appearance Not Required. A person circumstances described in Rule 45(d)(3)(B), the
commanded to produce documents, electronically court may, instead of quashing or modifying a
stored information, or tangible things, or to permit subpoena, order appearance or production under
the inspection of premises, need not appear in person specified conditions if the serving party:
at the place of production or inspection unless also (i) shows a substantial need for the testimony or
commanded to appear for a deposition, hearing, or material that cannot be otherwise met without undue
trial. hardship; and
(B) Objections. A person commanded to produce (ii) ensures that the subpoenaed person will be
documents or tangible things or to permit inspection reasonably compensated.
may serve on the party or attorney designated in the
the discovery.
(e) Duties in Responding to a Subpoena.
(2) Claiming Privilege or Protection.
(1) Producing Documents or Electronically Stored
Information. These procedures apply to producing (A) Information Withheld. A person withholding
documents or electronically stored information: subpoenaed information under a claim that it is
privileged or subject to protection as trial-
(A) Documents. A person responding to a preparation material must:
subpoena to produce documents must produce them (i) expressly make the claim; and
as they are kept in the ordinary course of business or (ii) describe the nature of the withheld
must organize and label them to correspond to the documents, communications, or tangible things in a
categories in the demand. manner that, without revealing information itself
privileged or protected, will enable the parties to
(B) Form for Producing Electronically Stored assess the claim.
Information Not Specified. If a subpoena does not (B) Information Produced. If information
specify a form for producing electronically stored produced in response to a subpoena is subject to a
information, the person responding must produce it claim of privilege or of protection as trial-
in a form or forms in which it is ordinarily preparation material, the person making the claim
maintained or in a reasonably usable form or forms. may notify any party that received the information
of the claim and the basis for it. After being notified,
(C) Electronically Stored Information Produced a party must promptly return, sequester, or destroy
in Only One Form. The person responding need not the specified information and any copies it has; must
produce the same electronically stored information not use or disclose the information until the claim is
in more than one form. resolved; must take reasonable steps to retrieve the
information if the party disclosed it before being
(D) Inaccessible Electronically Stored notified; and may promptly present the information
Information. The person responding need not under seal to the court for the district where
provide discovery of electronically stored compliance is required for a determination of the
information from sources that the person identifies claim. The person who produced the information
as not reasonably accessible because of undue must preserve the information until the claim is
burden or cost. On motion to compel discovery or resolved.
for a protective order, the person responding must
show that the information is not reasonably (g) Contempt.
accessible because of undue burden or cost. If that
showing is made, the court may nonetheless order The court for the district where compliance is
discovery from such sources if the requesting party requiredand also, after a motion is transferred, the
shows good cause, considering the limitations of issuing courtmay hold in contempt a person who,
Rule having been served, fails without adequate excuse to
26(b)(2)(C). The court may specify conditions for obey the subpoena or an order related to it.
Voluntary Dismissal: On March 27, 2017 Plaintiff filed a voluntary dismissal because
Comcast could not identify the Defendant.
429
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1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-05827 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party Comcast Cable Communications, LLC, in order
21 to ascertain the identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including Comcast or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom Comcast assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
430
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1 Malibu Media may not use any information disclosed by Comcast for any
purpose other than protecting its rights as set forth in the complaint.
2
Comcast shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on Comcast.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on Comcast. Comcast shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform Comcast if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides Comcast in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from Comcast (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
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1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
432
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AO 88B (Rev.02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below
the following documents, electronically stored information, or objects, and permit their inspection,
copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:
IP Address Date/Time
UTC
24.5.14.8 05/26/2016
04:24:13
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated
premises, land, or other property possessed or controlled by you at the time, date, and location set
forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample
the property or any designated object or operation on it.
The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the
potential consequences of not doing so.
Date: 2/3/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues
or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly
Hills, CA 90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. subpoena a written objection to inspecting, copying,
testing, or sampling any or all of the materials or to
(1) For a Trial, Hearing, or Deposition. A subpoena inspecting the premisesor to producing
may command a person to attend a trial, hearing, or electronically stored information in the form or
deposition only as follows: forms requested. The objection must be served
(A) within 100 miles of where the person resides, before the earlier of the time specified for
is employed, or regularly transacts business in compliance or 14 days after the subpoena is served.
person; or If an objection is made, the following rules apply:
(B) within the state where the person resides, is (i) At any time, on notice to the commanded
employed, or regularly transacts business in person, person, the serving party may move the court for the
if the person district where compliance is required for an order
(i) Is a person's party's officer; or compelling production or inspection.
(ii) Is commanded to attend a trial and would (ii) These acts may be required only as directed
incur substantial expense. in the order, and the order must protect a person who
is neither a party nor a partys officer from
(2) For Other Discovery: A subpoena may significant expense resulting from compliance.
command:
(3) Quashing or Modifying a Subpoena.
(A) production of documents, electronically
stored information, or tangible things at a place (A) When Required. On timely motion, the court for
within 100 miles of where the person resides, is the district where compliance is required must quash
employed, or regularly transacts business in person; or modify a subpoena that:
and
(B) inspection of premises at the premises to be (i) fails to allow a reasonable time to comply;
inspected. (ii) requires a person to comply beyond the
geographical limits specified in Rule 45 ( c );
(d) Protecting a Person Subject to a Subpoena; (iii) requires disclosure of privileged or other
Enforcement. protected matter, if no exception or waiver applies;
or
(1) Avoiding Undue Burden or Expense; (iv) subjects a person to undue burden.
Sanctions. A party or attorney responsible for
issuing and serving a subpoena must take reasonable (B) When Permitted. To protect a person subject to
steps to avoid imposing undue burden or expense on or affected by a subpoena, the court for the district
a person subject to the subpoena. The court for the where compliance is required may, on motion, quash
district where compliance is required must enforce or modify the subpoena if it requires:
this duty and impose an appropriate sanction (i) disclosing a trade secret or other confidential
which may include lost earnings and reasonable research, development, or commercial information;
attorneys feeson a party or attorney who fails to or
comply. (ii) disclosing an unretained experts opinion or
information that does not describe specific
(2) Command to Produce Materials or Permit occurrences in dispute and results from the experts
Inspection. study that was not requested by a party.
(C) Specifying Conditions as an Alternative. In the
(A) Appearance Not Required. A person circumstances described in Rule 45(d)(3)(B), the
commanded to produce documents, electronically court may, instead of quashing or modifying a
stored information, or tangible things, or to permit subpoena, order appearance or production under
the inspection of premises, need not appear in person specified conditions if the serving party:
at the place of production or inspection unless also (i) shows a substantial need for the testimony or
commanded to appear for a deposition, hearing, or material that cannot be otherwise met without undue
trial. hardship; and
(B) Objections. A person commanded to produce (ii) ensures that the subpoenaed person will be
documents or tangible things or to permit inspection reasonably compensated.
may serve on the party or attorney designated in the
the discovery.
(e) Duties in Responding to a Subpoena.
(2) Claiming Privilege or Protection.
(1) Producing Documents or Electronically Stored
Information. These procedures apply to producing (A) Information Withheld. A person withholding
documents or electronically stored information: subpoenaed information under a claim that it is
privileged or subject to protection as trial-
(A) Documents. A person responding to a preparation material must:
subpoena to produce documents must produce them (i) expressly make the claim; and
as they are kept in the ordinary course of business or (ii) describe the nature of the withheld
must organize and label them to correspond to the documents, communications, or tangible things in a
categories in the demand. manner that, without revealing information itself
privileged or protected, will enable the parties to
(B) Form for Producing Electronically Stored assess the claim.
Information Not Specified. If a subpoena does not (B) Information Produced. If information
specify a form for producing electronically stored produced in response to a subpoena is subject to a
information, the person responding must produce it claim of privilege or of protection as trial-
in a form or forms in which it is ordinarily preparation material, the person making the claim
maintained or in a reasonably usable form or forms. may notify any party that received the information
of the claim and the basis for it. After being notified,
(C) Electronically Stored Information Produced a party must promptly return, sequester, or destroy
in Only One Form. The person responding need not the specified information and any copies it has; must
produce the same electronically stored information not use or disclose the information until the claim is
in more than one form. resolved; must take reasonable steps to retrieve the
information if the party disclosed it before being
(D) Inaccessible Electronically Stored notified; and may promptly present the information
Information. The person responding need not under seal to the court for the district where
provide discovery of electronically stored compliance is required for a determination of the
information from sources that the person identifies claim. The person who produced the information
as not reasonably accessible because of undue must preserve the information until the claim is
burden or cost. On motion to compel discovery or resolved.
for a protective order, the person responding must
show that the information is not reasonably (g) Contempt.
accessible because of undue burden or cost. If that
showing is made, the court may nonetheless order The court for the district where compliance is
discovery from such sources if the requesting party requiredand also, after a motion is transferred, the
shows good cause, considering the limitations of issuing courtmay hold in contempt a person who,
Rule having been served, fails without adequate excuse to
26(b)(2)(C). The court may specify conditions for obey the subpoena or an order related to it.
Voluntary Dismissal: On March 17, 2017 Plaintiff filed a voluntary dismissal because
Comcast could not identify the Defendant.
440
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1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-05848 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party Comcast Cable Communications, LLC, in order
21 to ascertain the identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including Comcast or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom Comcast assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
441
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1 Malibu Media may not use any information disclosed by Comcast for any
purpose other than protecting its rights as set forth in the complaint.
2
Comcast shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on Comcast.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on Comcast. Comcast shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform Comcast if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides Comcast in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from Comcast (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
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1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
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Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 444 of 798
AO 88B (Rev.02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below
the following documents, electronically stored information, or objects, and permit their inspection,
copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:
IP Address Date/Time
UTC
24.6.75.159 06/02/2016
15:16:15
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated
premises, land, or other property possessed or controlled by you at the time, date, and location set
forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample
the property or any designated object or operation on it.
The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the
potential consequences of not doing so.
Date: 2/3/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues
or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly
Hills, CA 90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. testing, or sampling any or all of the materials or to
inspecting the premisesor to producing
(1) For a Trial, Hearing, or Deposition. A subpoena electronically stored information in the form or
may command a person to attend a trial, hearing, or forms requested. The objection must be served
deposition only as follows: before the earlier of the time specified for
(A) within 100 miles of where the person resides, compliance or 14 days after the subpoena is served.
is employed, or regularly transacts business in If an objection is made, the following rules apply:
person; or (i) At any time, on notice to the commanded
(B) within the state where the person resides, is person, the serving party may move the court for the
employed, or regularly transacts business in person, district where compliance is required for an order
if the person compelling production or inspection.
(i) Is a person's party's officer; or (ii) These acts may be required only as directed
(ii) Is commanded to attend a trial and would in the order, and the order must protect a person who
incur substantial expense. is neither a party nor a partys officer from
significant expense resulting from compliance.
(2) For Other Discovery: A subpoena may
command: (3) Quashing or Modifying a Subpoena.
(A) production of documents, electronically (A) When Required. On timely motion, the court for
stored information, or tangible things at a place the district where compliance is required must quash
within 100 miles of where the person resides, is or modify a subpoena that:
employed, or regularly transacts business in person;
and (i) fails to allow a reasonable time to comply;
(B) inspection of premises at the premises to be (ii) requires a person to comply beyond the
inspected. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(d) Protecting a Person Subject to a Subpoena; protected matter, if no exception or waiver applies;
Enforcement. or
(iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense;
Sanctions. A party or attorney responsible for (B) When Permitted. To protect a person subject to
issuing and serving a subpoena must take reasonable or affected by a subpoena, the court for the district
steps to avoid imposing undue burden or expense on where compliance is required may, on motion, quash
a person subject to the subpoena. The court for the or modify the subpoena if it requires:
district where compliance is required must enforce (i) disclosing a trade secret or other confidential
this duty and impose an appropriate sanction research, development, or commercial information;
which may include lost earnings and reasonable or
attorneys feeson a party or attorney who fails to (ii) disclosing an unretained experts opinion or
comply. information that does not describe specific
occurrences in dispute and results from the experts
(2) Command to Produce Materials or Permit study that was not requested by a party.
Inspection. (C) Specifying Conditions as an Alternative. In the
circumstances described in Rule 45(d)(3)(B), the
(A) Appearance Not Required. A person court may, instead of quashing or modifying a
commanded to produce documents, electronically subpoena, order appearance or production under
stored information, or tangible things, or to permit specified conditions if the serving party:
the inspection of premises, need not appear in person (i) shows a substantial need for the testimony or
at the place of production or inspection unless also material that cannot be otherwise met without undue
commanded to appear for a deposition, hearing, or hardship; and
trial. (ii) ensures that the subpoenaed person will be
(B) Objections. A person commanded to produce reasonably compensated.
documents or tangible things or to permit inspection
may serve on the party or attorney designated in the
subpoena a written objection to inspecting, copying, (e) Duties in Responding to a Subpoena.
Voluntary Dismissal: On April 14, 2017, Plaintiff filed a voluntary dismissal in this case
because its investigation revealed that the subscriber is an elderly female woman with
limited financial means. Because Plaintiff does not desire to pursue cases against the
elderly, nor cause financial hardship, Plaintiff decided to dismiss the case.
451
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1 ofof3798
1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-05974 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party Comcast Cable Communications, LLC, in order
21 to ascertain the identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including Comcast or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom Comcast assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
452
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1 Malibu Media may not use any information disclosed by Comcast for any
purpose other than protecting its rights as set forth in the complaint.
2
Comcast shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on Comcast.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on Comcast. Comcast shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform Comcast if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides Comcast in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from Comcast (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
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1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
454
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 455 of 798
AO 88B (Rev.02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below
the following documents, electronically stored information, or objects, and permit their inspection,
copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:
IP Address Date/Time
UTC
50.131.211.10 06/20/2016
20:12:03
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises,
land, or other property possessed or controlled by you at the time, date, and location set forth below,
so that the requesting party may inspect, measure, survey, photograph, test, or sample the property
or any designated object or operation on it.
The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the
potential consequences of not doing so.
Date: 2/3/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues
or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly
Hills, CA 90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. testing, or sampling any or all of the materials or to
inspecting the premisesor to producing
(1) For a Trial, Hearing, or Deposition. A subpoena electronically stored information in the form or
may command a person to attend a trial, hearing, or forms requested. The objection must be served
deposition only as follows: before the earlier of the time specified for
(A) within 100 miles of where the person resides, compliance or 14 days after the subpoena is served.
is employed, or regularly transacts business in If an objection is made, the following rules apply:
person; or (i) At any time, on notice to the commanded
(B) within the state where the person resides, is person, the serving party may move the court for the
employed, or regularly transacts business in person, district where compliance is required for an order
if the person compelling production or inspection.
(i) Is a person's party's officer; or (ii) These acts may be required only as directed
(ii) Is commanded to attend a trial and would in the order, and the order must protect a person who
incur substantial expense. is neither a party nor a partys officer from
significant expense resulting from compliance.
(2) For Other Discovery: A subpoena may
command: (3) Quashing or Modifying a Subpoena.
(A) production of documents, electronically (A) When Required. On timely motion, the court for
stored information, or tangible things at a place the district where compliance is required must quash
within 100 miles of where the person resides, is or modify a subpoena that:
employed, or regularly transacts business in person;
and (i) fails to allow a reasonable time to comply;
(B) inspection of premises at the premises to be (ii) requires a person to comply beyond the
inspected. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(d) Protecting a Person Subject to a Subpoena; protected matter, if no exception or waiver applies;
Enforcement. or
(iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense;
Sanctions. A party or attorney responsible for (B) When Permitted. To protect a person subject to
issuing and serving a subpoena must take reasonable or affected by a subpoena, the court for the district
steps to avoid imposing undue burden or expense on where compliance is required may, on motion, quash
a person subject to the subpoena. The court for the or modify the subpoena if it requires:
district where compliance is required must enforce (i) disclosing a trade secret or other confidential
this duty and impose an appropriate sanction research, development, or commercial information;
which may include lost earnings and reasonable or
attorneys feeson a party or attorney who fails to (ii) disclosing an unretained experts opinion or
comply. information that does not describe specific
occurrences in dispute and results from the experts
(2) Command to Produce Materials or Permit study that was not requested by a party.
Inspection. (C) Specifying Conditions as an Alternative. In the
circumstances described in Rule 45(d)(3)(B), the
(A) Appearance Not Required. A person court may, instead of quashing or modifying a
commanded to produce documents, electronically subpoena, order appearance or production under
stored information, or tangible things, or to permit specified conditions if the serving party:
the inspection of premises, need not appear in person (i) shows a substantial need for the testimony or
at the place of production or inspection unless also material that cannot be otherwise met without undue
commanded to appear for a deposition, hearing, or hardship; and
trial. (ii) ensures that the subpoenaed person will be
(B) Objections. A person commanded to produce reasonably compensated.
documents or tangible things or to permit inspection
may serve on the party or attorney designated in the
subpoena a written objection to inspecting, copying, (e) Duties in Responding to a Subpoena.
Voluntary Dismissal: Plaintiff filed a voluntary dismissal because Comcast could not
identify the subscriber.
462
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1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-05825 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party Comcast Cable Communications, LLC, in order
21 to ascertain the identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including Comcast or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom Comcast assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
463
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Page464
2 ofof3798
1 Malibu Media may not use any information disclosed by Comcast for any
purpose other than protecting its rights as set forth in the complaint.
2
Comcast shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on Comcast.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on Comcast. Comcast shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform Comcast if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides Comcast in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from Comcast (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
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Case
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3:16-cv-05825-WHA
Document
Document
27-311 Filed
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02/01/17 Page
Page465
3 ofof3798
1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
465
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 466 of 798
AO 88B (Rev.02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below
the following documents, electronically stored information, or objects, and permit their inspection,
copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:
IP Address Date/Time
UTC
50.174.0.6 05/21/2016
23:39:15
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated
premises, land, or other property possessed or controlled by you at the time, date, and location set
forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample
the property or any designated object or operation on it.
The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the
potential consequences of not doing so.
Date: 2/3/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues
or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly
Hills, CA 90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. testing, or sampling any or all of the materials or to
inspecting the premisesor to producing
(1) For a Trial, Hearing, or Deposition. A subpoena electronically stored information in the form or
may command a person to attend a trial, hearing, or forms requested. The objection must be served
deposition only as follows: before the earlier of the time specified for
(A) within 100 miles of where the person resides, compliance or 14 days after the subpoena is served.
is employed, or regularly transacts business in If an objection is made, the following rules apply:
person; or (i) At any time, on notice to the commanded
(B) within the state where the person resides, is person, the serving party may move the court for the
employed, or regularly transacts business in person, district where compliance is required for an order
if the person compelling production or inspection.
(i) Is a person's party's officer; or (ii) These acts may be required only as directed
(ii) Is commanded to attend a trial and would in the order, and the order must protect a person who
incur substantial expense. is neither a party nor a partys officer from
significant expense resulting from compliance.
(2) For Other Discovery: A subpoena may
command: (3) Quashing or Modifying a Subpoena.
(A) production of documents, electronically (A) When Required. On timely motion, the court for
stored information, or tangible things at a place the district where compliance is required must quash
within 100 miles of where the person resides, is or modify a subpoena that:
employed, or regularly transacts business in person;
and (i) fails to allow a reasonable time to comply;
(B) inspection of premises at the premises to be (ii) requires a person to comply beyond the
inspected. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(d) Protecting a Person Subject to a Subpoena; protected matter, if no exception or waiver applies;
Enforcement. or
(iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense;
Sanctions. A party or attorney responsible for (B) When Permitted. To protect a person subject to
issuing and serving a subpoena must take reasonable or affected by a subpoena, the court for the district
steps to avoid imposing undue burden or expense on where compliance is required may, on motion, quash
a person subject to the subpoena. The court for the or modify the subpoena if it requires:
district where compliance is required must enforce (i) disclosing a trade secret or other confidential
this duty and impose an appropriate sanction research, development, or commercial information;
which may include lost earnings and reasonable or
attorneys feeson a party or attorney who fails to (ii) disclosing an unretained experts opinion or
comply. information that does not describe specific
occurrences in dispute and results from the experts
(2) Command to Produce Materials or Permit study that was not requested by a party.
Inspection. (C) Specifying Conditions as an Alternative. In the
circumstances described in Rule 45(d)(3)(B), the
(A) Appearance Not Required. A person court may, instead of quashing or modifying a
commanded to produce documents, electronically subpoena, order appearance or production under
stored information, or tangible things, or to permit specified conditions if the serving party:
the inspection of premises, need not appear in person (i) shows a substantial need for the testimony or
at the place of production or inspection unless also material that cannot be otherwise met without undue
commanded to appear for a deposition, hearing, or hardship; and
trial. (ii) ensures that the subpoenaed person will be
(B) Objections. A person commanded to produce reasonably compensated.
documents or tangible things or to permit inspection
may serve on the party or attorney designated in the
subpoena a written objection to inspecting, copying, (e) Duties in Responding to a Subpoena.
Voluntary Dismissal: On April 14, 2017 Plaintiff filed its voluntary dismissal because its
investigation determined that the subscriber was an elderly man living with several
family members. Plaintiff was unable to determine which family member was
responsible based upon its initial investigation so decided not to pursue its case.
473
Case
Case
3:16-cv-05975-WHA
3:16-cv-06242-WHA
Document
Document
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Filed05/17/17
02/01/17 Page
Page474
1 ofof3798
1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-06242 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party Comcast Cable Communications, LLC, in order
21 to ascertain the identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including Comcast or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom Comcast assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
474
Case
Case
3:16-cv-05975-WHA
3:16-cv-06242-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/01/17 Page
Page475
2 ofof3798
1 Malibu Media may not use any information disclosed by Comcast for any
purpose other than protecting its rights as set forth in the complaint.
2
Comcast shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on Comcast.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on Comcast. Comcast shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform Comcast if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides Comcast in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from Comcast (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
475
Case
Case
3:16-cv-05975-WHA
3:16-cv-06242-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/01/17 Page
Page476
3 ofof3798
1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
476
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 477 of 798
AO 88B (Rev.02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below
the following documents, electronically stored information, or objects, and permit their inspection,
copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:
IP Address Date/Time
UTC
50.174.248.138 07/04/2016
17:19:05
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated
premises, land, or other property possessed or controlled by you at the time, date, and location set
forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample
the property or any designated object or operation on it.
The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the
potential consequences of not doing so.
Date: 2/3/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues
or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly
Hills, CA 90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. testing, or sampling any or all of the materials or to
inspecting the premisesor to producing
(1) For a Trial, Hearing, or Deposition. A subpoena electronically stored information in the form or
may command a person to attend a trial, hearing, or forms requested. The objection must be served
deposition only as follows: before the earlier of the time specified for
(A) within 100 miles of where the person resides, compliance or 14 days after the subpoena is served.
is employed, or regularly transacts business in If an objection is made, the following rules apply:
person; or (i) At any time, on notice to the commanded
(B) within the state where the person resides, is person, the serving party may move the court for the
employed, or regularly transacts business in person, district where compliance is required for an order
if the person compelling production or inspection.
(i) Is a person's party's officer; or (ii) These acts may be required only as directed
(ii) Is commanded to attend a trial and would in the order, and the order must protect a person who
incur substantial expense. is neither a party nor a partys officer from
significant expense resulting from compliance.
(2) For Other Discovery: A subpoena may
command: (3) Quashing or Modifying a Subpoena.
(A) production of documents, electronically (A) When Required. On timely motion, the court for
stored information, or tangible things at a place the district where compliance is required must quash
within 100 miles of where the person resides, is or modify a subpoena that:
employed, or regularly transacts business in person;
and (i) fails to allow a reasonable time to comply;
(B) inspection of premises at the premises to be (ii) requires a person to comply beyond the
inspected. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(d) Protecting a Person Subject to a Subpoena; protected matter, if no exception or waiver applies;
Enforcement. or
(iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense;
Sanctions. A party or attorney responsible for (B) When Permitted. To protect a person subject to
issuing and serving a subpoena must take reasonable or affected by a subpoena, the court for the district
steps to avoid imposing undue burden or expense on where compliance is required may, on motion, quash
a person subject to the subpoena. The court for the or modify the subpoena if it requires:
district where compliance is required must enforce (i) disclosing a trade secret or other confidential
this duty and impose an appropriate sanction research, development, or commercial information;
which may include lost earnings and reasonable or
attorneys feeson a party or attorney who fails to (ii) disclosing an unretained experts opinion or
comply. information that does not describe specific
occurrences in dispute and results from the experts
(2) Command to Produce Materials or Permit study that was not requested by a party.
Inspection. (C) Specifying Conditions as an Alternative. In the
circumstances described in Rule 45(d)(3)(B), the
(A) Appearance Not Required. A person court may, instead of quashing or modifying a
commanded to produce documents, electronically subpoena, order appearance or production under
stored information, or tangible things, or to permit specified conditions if the serving party:
the inspection of premises, need not appear in person (i) shows a substantial need for the testimony or
at the place of production or inspection unless also material that cannot be otherwise met without undue
commanded to appear for a deposition, hearing, or hardship; and
trial. (ii) ensures that the subpoenaed person will be
(B) Objections. A person commanded to produce reasonably compensated.
documents or tangible things or to permit inspection
may serve on the party or attorney designated in the
subpoena a written objection to inspecting, copying, (e) Duties in Responding to a Subpoena.
Voluntary Dismissal: Plaintiff filed a voluntary dismissal because Comcast could not
identify the subscriber.
484
Case
Case
3:16-cv-05975-WHA
3:16-cv-05826-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/01/17 Page
Page485
1 ofof3798
1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-05826 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party Comcast Cable Communications, LLC, in order
21 to ascertain the identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including Comcast or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom Comcast assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
485
Case
Case
3:16-cv-05975-WHA
3:16-cv-05826-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/01/17 Page
Page486
2 ofof3798
1 Malibu Media may not use any information disclosed by Comcast for any
purpose other than protecting its rights as set forth in the complaint.
2
Comcast shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on Comcast.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on Comcast. Comcast shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform Comcast if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides Comcast in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from Comcast (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
486
Case
Case
3:16-cv-05975-WHA
3:16-cv-05826-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/01/17 Page
Page487
3 ofof3798
1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
487
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 488 of 798
AO 88B (Rev.02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below
the following documents, electronically stored information, or objects, and permit their inspection,
copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:
IP Address Date/Time
UTC
50.184.242.50 05/24/2016
23:35:11
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated
premises, land, or other property possessed or controlled by you at the time, date, and location set
forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample
the property or any designated object or operation on it.
The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the
potential consequences of not doing so.
Date: 2/3/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues
or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly
Hills, CA 90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. testing, or sampling any or all of the materials or to
inspecting the premisesor to producing
(1) For a Trial, Hearing, or Deposition. A subpoena electronically stored information in the form or
may command a person to attend a trial, hearing, or forms requested. The objection must be served
deposition only as follows: before the earlier of the time specified for
(A) within 100 miles of where the person resides, compliance or 14 days after the subpoena is served.
is employed, or regularly transacts business in If an objection is made, the following rules apply:
person; or (i) At any time, on notice to the commanded
(B) within the state where the person resides, is person, the serving party may move the court for the
employed, or regularly transacts business in person, district where compliance is required for an order
if the person compelling production or inspection.
(i) Is a person's party's officer; or (ii) These acts may be required only as directed
(ii) Is commanded to attend a trial and would in the order, and the order must protect a person who
incur substantial expense. is neither a party nor a partys officer from
significant expense resulting from compliance.
(2) For Other Discovery: A subpoena may
command: (3) Quashing or Modifying a Subpoena.
(A) production of documents, electronically (A) When Required. On timely motion, the court for
stored information, or tangible things at a place the district where compliance is required must quash
within 100 miles of where the person resides, is or modify a subpoena that:
employed, or regularly transacts business in person;
and (i) fails to allow a reasonable time to comply;
(B) inspection of premises at the premises to be (ii) requires a person to comply beyond the
inspected. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(d) Protecting a Person Subject to a Subpoena; protected matter, if no exception or waiver applies;
Enforcement. or
(iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense;
Sanctions. A party or attorney responsible for (B) When Permitted. To protect a person subject to
issuing and serving a subpoena must take reasonable or affected by a subpoena, the court for the district
steps to avoid imposing undue burden or expense on where compliance is required may, on motion, quash
a person subject to the subpoena. The court for the or modify the subpoena if it requires:
district where compliance is required must enforce (i) disclosing a trade secret or other confidential
this duty and impose an appropriate sanction research, development, or commercial information;
which may include lost earnings and reasonable or
attorneys feeson a party or attorney who fails to (ii) disclosing an unretained experts opinion or
comply. information that does not describe specific
occurrences in dispute and results from the experts
(2) Command to Produce Materials or Permit study that was not requested by a party.
Inspection. (C) Specifying Conditions as an Alternative. In the
circumstances described in Rule 45(d)(3)(B), the
(A) Appearance Not Required. A person court may, instead of quashing or modifying a
commanded to produce documents, electronically subpoena, order appearance or production under
stored information, or tangible things, or to permit specified conditions if the serving party:
the inspection of premises, need not appear in person (i) shows a substantial need for the testimony or
at the place of production or inspection unless also material that cannot be otherwise met without undue
commanded to appear for a deposition, hearing, or hardship; and
trial. (ii) ensures that the subpoenaed person will be
(B) Objections. A person commanded to produce reasonably compensated.
documents or tangible things or to permit inspection
may serve on the party or attorney designated in the
subpoena a written objection to inspecting, copying, (e) Duties in Responding to a Subpoena.
495
Case
Case
3:16-cv-05975-WHA
3:16-cv-06245-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/01/17 Page
Page496
1 ofof3798
1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-06245 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party Comcast Cable Communications, LLC, in order
21 to ascertain the identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including Comcast or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom Comcast assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
496
Case
Case
3:16-cv-05975-WHA
3:16-cv-06245-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/01/17 Page
Page497
2 ofof3798
1 Malibu Media may not use any information disclosed by Comcast for any
purpose other than protecting its rights as set forth in the complaint.
2
Comcast shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on Comcast.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on Comcast. Comcast shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform Comcast if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides Comcast in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from Comcast (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
497
Case
Case
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3:16-cv-06245-WHA
Document
Document
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Page498
3 ofof3798
1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
498
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 499 of 798
AO 88B (Rev.02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below
the following documents, electronically stored information, or objects, and permit their inspection,
copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:
IP Address Date/Time
UTC
50.193.16.126 07/06/2016
21:04:54
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated
premises, land, or other property possessed or controlled by you at the time, date, and location set
forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample
the property or any designated object or operation on it.
The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the
potential consequences of not doing so.
Date: 2/3/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues
or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly
Hills, CA 90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. testing, or sampling any or all of the materials or to
inspecting the premisesor to producing
(1) For a Trial, Hearing, or Deposition. A subpoena electronically stored information in the form or
may command a person to attend a trial, hearing, or forms requested. The objection must be served
deposition only as follows: before the earlier of the time specified for
(A) within 100 miles of where the person resides, compliance or 14 days after the subpoena is served.
is employed, or regularly transacts business in If an objection is made, the following rules apply:
person; or (i) At any time, on notice to the commanded
(B) within the state where the person resides, is person, the serving party may move the court for the
employed, or regularly transacts business in person, district where compliance is required for an order
if the person compelling production or inspection.
(i) Is a person's party's officer; or (ii) These acts may be required only as directed
(ii) Is commanded to attend a trial and would in the order, and the order must protect a person who
incur substantial expense. is neither a party nor a partys officer from
significant expense resulting from compliance.
(2) For Other Discovery: A subpoena may
command: (3) Quashing or Modifying a Subpoena.
(A) production of documents, electronically (A) When Required. On timely motion, the court for
stored information, or tangible things at a place the district where compliance is required must quash
within 100 miles of where the person resides, is or modify a subpoena that:
employed, or regularly transacts business in person;
and (i) fails to allow a reasonable time to comply;
(B) inspection of premises at the premises to be (ii) requires a person to comply beyond the
inspected. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(d) Protecting a Person Subject to a Subpoena; protected matter, if no exception or waiver applies;
Enforcement. or
(iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense;
Sanctions. A party or attorney responsible for (B) When Permitted. To protect a person subject to
issuing and serving a subpoena must take reasonable or affected by a subpoena, the court for the district
steps to avoid imposing undue burden or expense on where compliance is required may, on motion, quash
a person subject to the subpoena. The court for the or modify the subpoena if it requires:
district where compliance is required must enforce (i) disclosing a trade secret or other confidential
this duty and impose an appropriate sanction research, development, or commercial information;
which may include lost earnings and reasonable or
attorneys feeson a party or attorney who fails to (ii) disclosing an unretained experts opinion or
comply. information that does not describe specific
occurrences in dispute and results from the experts
(2) Command to Produce Materials or Permit study that was not requested by a party.
Inspection. (C) Specifying Conditions as an Alternative. In the
circumstances described in Rule 45(d)(3)(B), the
(A) Appearance Not Required. A person court may, instead of quashing or modifying a
commanded to produce documents, electronically subpoena, order appearance or production under
stored information, or tangible things, or to permit specified conditions if the serving party:
the inspection of premises, need not appear in person (i) shows a substantial need for the testimony or
at the place of production or inspection unless also material that cannot be otherwise met without undue
commanded to appear for a deposition, hearing, or hardship; and
trial. (ii) ensures that the subpoenaed person will be
(B) Objections. A person commanded to produce reasonably compensated.
documents or tangible things or to permit inspection
may serve on the party or attorney designated in the
subpoena a written objection to inspecting, copying, (e) Duties in Responding to a Subpoena.
506
Case
Case
3:16-cv-05975-WHA
3:16-cv-05923-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/01/17 Page
Page507
1 ofof3798
1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-05923 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party Comcast Cable Communications, LLC, in order
21 to ascertain the identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including Comcast or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom Comcast assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
507
Case
Case
3:16-cv-05975-WHA
3:16-cv-05923-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/01/17 Page
Page508
2 ofof3798
1 Malibu Media may not use any information disclosed by Comcast for any
purpose other than protecting its rights as set forth in the complaint.
2
Comcast shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on Comcast.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on Comcast. Comcast shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform Comcast if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides Comcast in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from Comcast (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
508
Case
Case
3:16-cv-05975-WHA
3:16-cv-05923-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/01/17 Page
Page509
3 ofof3798
1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
509
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 510 of 798
AO 88B (Rev.02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below
the following documents, electronically stored information, or objects, and permit their inspection,
copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:
IP Address Date/Time
UTC
50.254.156.145 06/09/2016
22:08:31
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated
premises, land, or other property possessed or controlled by you at the time, date, and location set
forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample
the property or any designated object or operation on it.
The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the
potential consequences of not doing so.
Date: 2/3/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues
or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly
Hills, CA 90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. testing, or sampling any or all of the materials or to
inspecting the premisesor to producing
(1) For a Trial, Hearing, or Deposition. A subpoena electronically stored information in the form or
may command a person to attend a trial, hearing, or forms requested. The objection must be served
deposition only as follows: before the earlier of the time specified for
(A) within 100 miles of where the person resides, compliance or 14 days after the subpoena is served.
is employed, or regularly transacts business in If an objection is made, the following rules apply:
person; or (i) At any time, on notice to the commanded
(B) within the state where the person resides, is person, the serving party may move the court for the
employed, or regularly transacts business in person, district where compliance is required for an order
if the person compelling production or inspection.
(i) Is a person's party's officer; or (ii) These acts may be required only as directed
(ii) Is commanded to attend a trial and would in the order, and the order must protect a person who
incur substantial expense. is neither a party nor a partys officer from
significant expense resulting from compliance.
(2) For Other Discovery: A subpoena may
command: (3) Quashing or Modifying a Subpoena.
(A) production of documents, electronically (A) When Required. On timely motion, the court for
stored information, or tangible things at a place the district where compliance is required must quash
within 100 miles of where the person resides, is or modify a subpoena that:
employed, or regularly transacts business in person;
and (i) fails to allow a reasonable time to comply;
(B) inspection of premises at the premises to be (ii) requires a person to comply beyond the
inspected. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(d) Protecting a Person Subject to a Subpoena; protected matter, if no exception or waiver applies;
Enforcement. or
(iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense;
Sanctions. A party or attorney responsible for (B) When Permitted. To protect a person subject to
issuing and serving a subpoena must take reasonable or affected by a subpoena, the court for the district
steps to avoid imposing undue burden or expense on where compliance is required may, on motion, quash
a person subject to the subpoena. The court for the or modify the subpoena if it requires:
district where compliance is required must enforce (i) disclosing a trade secret or other confidential
this duty and impose an appropriate sanction research, development, or commercial information;
which may include lost earnings and reasonable or
attorneys feeson a party or attorney who fails to (ii) disclosing an unretained experts opinion or
comply. information that does not describe specific
occurrences in dispute and results from the experts
(2) Command to Produce Materials or Permit study that was not requested by a party.
Inspection. (C) Specifying Conditions as an Alternative. In the
circumstances described in Rule 45(d)(3)(B), the
(A) Appearance Not Required. A person court may, instead of quashing or modifying a
commanded to produce documents, electronically subpoena, order appearance or production under
stored information, or tangible things, or to permit specified conditions if the serving party:
the inspection of premises, need not appear in person (i) shows a substantial need for the testimony or
at the place of production or inspection unless also material that cannot be otherwise met without undue
commanded to appear for a deposition, hearing, or hardship; and
trial. (ii) ensures that the subpoenaed person will be
(B) Objections. A person commanded to produce reasonably compensated.
documents or tangible things or to permit inspection
may serve on the party or attorney designated in the
subpoena a written objection to inspecting, copying, (e) Duties in Responding to a Subpoena.
Voluntary Dismissal: Plaintiff filed a voluntary dismissal on April 13, 2017 because, after
an investigation, it appeared as if the infringer was the teenage son of the subscriber.
Plaintiff does not desire to pursue cases against minors, so ultimately decided to dismiss
the case.
517
Case
Case
3:16-cv-05975-WHA
3:16-cv-06241-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/01/17 Page
Page518
1 ofof3798
1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-06241 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party Comcast Cable Communications, LLC, in order
21 to ascertain the identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including Comcast or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom Comcast assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
518
Case
Case
3:16-cv-05975-WHA
3:16-cv-06241-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/01/17 Page
Page519
2 ofof3798
1 Malibu Media may not use any information disclosed by Comcast for any
purpose other than protecting its rights as set forth in the complaint.
2
Comcast shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on Comcast.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on Comcast. Comcast shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform Comcast if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides Comcast in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from Comcast (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
519
Case
Case
3:16-cv-05975-WHA
3:16-cv-06241-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/01/17 Page
Page520
3 ofof3798
1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
520
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 521 of 798
AO 88B (Rev.02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below
the following documents, electronically stored information, or objects, and permit their inspection,
copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:
IP Address Date/Time
UTC
67.160.223.104 07/04/2016
16:34:43
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated
premises, land, or other property possessed or controlled by you at the time, date, and location set
forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample
the property or any designated object or operation on it.
The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the
potential consequences of not doing so.
Date: 2/3/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues
or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly
Hills, CA 90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. testing, or sampling any or all of the materials or to
inspecting the premisesor to producing
(1) For a Trial, Hearing, or Deposition. A subpoena electronically stored information in the form or
may command a person to attend a trial, hearing, or forms requested. The objection must be served
deposition only as follows: before the earlier of the time specified for
(A) within 100 miles of where the person resides, compliance or 14 days after the subpoena is served.
is employed, or regularly transacts business in If an objection is made, the following rules apply:
person; or (i) At any time, on notice to the commanded
(B) within the state where the person resides, is person, the serving party may move the court for the
employed, or regularly transacts business in person, district where compliance is required for an order
if the person compelling production or inspection.
(i) Is a person's party's officer; or (ii) These acts may be required only as directed
(ii) Is commanded to attend a trial and would in the order, and the order must protect a person who
incur substantial expense. is neither a party nor a partys officer from
significant expense resulting from compliance.
(2) For Other Discovery: A subpoena may
command: (3) Quashing or Modifying a Subpoena.
(A) production of documents, electronically (A) When Required. On timely motion, the court for
stored information, or tangible things at a place the district where compliance is required must quash
within 100 miles of where the person resides, is or modify a subpoena that:
employed, or regularly transacts business in person;
and (i) fails to allow a reasonable time to comply;
(B) inspection of premises at the premises to be (ii) requires a person to comply beyond the
inspected. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(d) Protecting a Person Subject to a Subpoena; protected matter, if no exception or waiver applies;
Enforcement. or
(iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense;
Sanctions. A party or attorney responsible for (B) When Permitted. To protect a person subject to
issuing and serving a subpoena must take reasonable or affected by a subpoena, the court for the district
steps to avoid imposing undue burden or expense on where compliance is required may, on motion, quash
a person subject to the subpoena. The court for the or modify the subpoena if it requires:
district where compliance is required must enforce (i) disclosing a trade secret or other confidential
this duty and impose an appropriate sanction research, development, or commercial information;
which may include lost earnings and reasonable or
attorneys feeson a party or attorney who fails to (ii) disclosing an unretained experts opinion or
comply. information that does not describe specific
occurrences in dispute and results from the experts
(2) Command to Produce Materials or Permit study that was not requested by a party.
Inspection. (C) Specifying Conditions as an Alternative. In the
circumstances described in Rule 45(d)(3)(B), the
(A) Appearance Not Required. A person court may, instead of quashing or modifying a
commanded to produce documents, electronically subpoena, order appearance or production under
stored information, or tangible things, or to permit specified conditions if the serving party:
the inspection of premises, need not appear in person (i) shows a substantial need for the testimony or
at the place of production or inspection unless also material that cannot be otherwise met without undue
commanded to appear for a deposition, hearing, or hardship; and
trial. (ii) ensures that the subpoenaed person will be
(B) Objections. A person commanded to produce reasonably compensated.
documents or tangible things or to permit inspection
may serve on the party or attorney designated in the
subpoena a written objection to inspecting, copying, (e) Duties in Responding to a Subpoena.
Voluntary Dismissal: Plaintiff filed a voluntary dismissal on November 17, 2016 because
it realized the infringement dates in this case were out of any reasonable or known data
retention for Internet Service Providers and therefore Plaintiff knew that the ISP would
not be able to identify the subscriber.
528
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 529 of 798
Voluntary Dismissal: Plaintiff filed a voluntary dismissal on April 25, 2017 because, after
lengthy negotiations with Defendants counsel, the parties reached settlement.
529
Case
Case
3:16-cv-05975-WHA
3:16-cv-06110-WHA
Document
Document
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02/01/17 Page
Page530
1 ofof3798
1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-06110 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party Comcast Cable Communications, LLC, in order
21 to ascertain the identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including Comcast or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom Comcast assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
530
Case
Case
3:16-cv-05975-WHA
3:16-cv-06110-WHA
Document
Document
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Filed05/17/17
02/01/17 Page
Page531
2 ofof3798
1 Malibu Media may not use any information disclosed by Comcast for any
purpose other than protecting its rights as set forth in the complaint.
2
Comcast shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on Comcast.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on Comcast. Comcast shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform Comcast if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides Comcast in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from Comcast (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
531
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3:16-cv-06110-WHA
Document
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3 ofof3798
1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
532
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 533 of 798
AO 88B (Rev.02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below
the following documents, electronically stored information, or objects, and permit their inspection,
copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:
IP Address Date/Time
UTC
67.169.164.203 06/26/2016
11:17:01
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated
premises, land, or other property possessed or controlled by you at the time, date, and location set
forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample
the property or any designated object or operation on it.
The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the
potential consequences of not doing so.
Date: 2/3/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues
or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly
Hills, CA 90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. testing, or sampling any or all of the materials or to
inspecting the premisesor to producing
(1) For a Trial, Hearing, or Deposition. A subpoena electronically stored information in the form or
may command a person to attend a trial, hearing, or forms requested. The objection must be served
deposition only as follows: before the earlier of the time specified for
(A) within 100 miles of where the person resides, compliance or 14 days after the subpoena is served.
is employed, or regularly transacts business in If an objection is made, the following rules apply:
person; or (i) At any time, on notice to the commanded
(B) within the state where the person resides, is person, the serving party may move the court for the
employed, or regularly transacts business in person, district where compliance is required for an order
if the person compelling production or inspection.
(i) Is a person's party's officer; or (ii) These acts may be required only as directed
(ii) Is commanded to attend a trial and would in the order, and the order must protect a person who
incur substantial expense. is neither a party nor a partys officer from
significant expense resulting from compliance.
(2) For Other Discovery: A subpoena may
command: (3) Quashing or Modifying a Subpoena.
(A) production of documents, electronically (A) When Required. On timely motion, the court for
stored information, or tangible things at a place the district where compliance is required must quash
within 100 miles of where the person resides, is or modify a subpoena that:
employed, or regularly transacts business in person;
and (i) fails to allow a reasonable time to comply;
(B) inspection of premises at the premises to be (ii) requires a person to comply beyond the
inspected. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(d) Protecting a Person Subject to a Subpoena; protected matter, if no exception or waiver applies;
Enforcement. or
(iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense;
Sanctions. A party or attorney responsible for (B) When Permitted. To protect a person subject to
issuing and serving a subpoena must take reasonable or affected by a subpoena, the court for the district
steps to avoid imposing undue burden or expense on where compliance is required may, on motion, quash
a person subject to the subpoena. The court for the or modify the subpoena if it requires:
district where compliance is required must enforce (i) disclosing a trade secret or other confidential
this duty and impose an appropriate sanction research, development, or commercial information;
which may include lost earnings and reasonable or
attorneys feeson a party or attorney who fails to (ii) disclosing an unretained experts opinion or
comply. information that does not describe specific
occurrences in dispute and results from the experts
(2) Command to Produce Materials or Permit study that was not requested by a party.
Inspection. (C) Specifying Conditions as an Alternative. In the
circumstances described in Rule 45(d)(3)(B), the
(A) Appearance Not Required. A person court may, instead of quashing or modifying a
commanded to produce documents, electronically subpoena, order appearance or production under
stored information, or tangible things, or to permit specified conditions if the serving party:
the inspection of premises, need not appear in person (i) shows a substantial need for the testimony or
at the place of production or inspection unless also material that cannot be otherwise met without undue
commanded to appear for a deposition, hearing, or hardship; and
trial. (ii) ensures that the subpoenaed person will be
(B) Objections. A person commanded to produce reasonably compensated.
documents or tangible things or to permit inspection
may serve on the party or attorney designated in the
subpoena a written objection to inspecting, copying, (e) Duties in Responding to a Subpoena.
Voluntary Dismissal: Plaintiff received Defendant's identity on or around March 31, 2017
and began its investigation on Defendant. Due to an internal delay, Plaintiff did not file
it's Amended Complaint until April 28, 2017. Plaintiff's deadline to effectuate service
was May 4, 2017. Plaintiff knew it would not be able to comply with this deadline and
subsequently dismissed this case. Plaintiff and undersigned sincerely apologize to the
Court for its delays.
540
Case
Case
3:16-cv-05975-WHA
3:16-cv-06147-WHA
Document
Document
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02/01/17 Page
Page541
1 ofof3798
1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-06147 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party Comcast Cable Communications, LLC, in order
21 to ascertain the identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including Comcast or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom Comcast assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
541
Case
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3:16-cv-06147-WHA
Document
Document
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Filed05/17/17
02/01/17 Page
Page542
2 ofof3798
1 Malibu Media may not use any information disclosed by Comcast for any
purpose other than protecting its rights as set forth in the complaint.
2
Comcast shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on Comcast.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on Comcast. Comcast shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform Comcast if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides Comcast in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from Comcast (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
542
Case
Case
3:16-cv-05975-WHA
3:16-cv-06147-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/01/17 Page
Page543
3 ofof3798
1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
543
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 544 of 798
AO 88B (Rev.02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below
the following documents, electronically stored information, or objects, and permit their inspection,
copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:
IP Address Date/Time
UTC
67.169.6.154 07/02/2016
07:34:26
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated
premises, land, or other property possessed or controlled by you at the time, date, and location set
forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample
the property or any designated object or operation on it.
The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the
potential consequences of not doing so.
Date: 2/3/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues
or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly
Hills, CA 90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. testing, or sampling any or all of the materials or to
inspecting the premisesor to producing
(1) For a Trial, Hearing, or Deposition. A subpoena electronically stored information in the form or
may command a person to attend a trial, hearing, or forms requested. The objection must be served
deposition only as follows: before the earlier of the time specified for
(A) within 100 miles of where the person resides, compliance or 14 days after the subpoena is served.
is employed, or regularly transacts business in If an objection is made, the following rules apply:
person; or (i) At any time, on notice to the commanded
(B) within the state where the person resides, is person, the serving party may move the court for the
employed, or regularly transacts business in person, district where compliance is required for an order
if the person compelling production or inspection.
(i) Is a person's party's officer; or (ii) These acts may be required only as directed
(ii) Is commanded to attend a trial and would in the order, and the order must protect a person who
incur substantial expense. is neither a party nor a partys officer from
significant expense resulting from compliance.
(2) For Other Discovery: A subpoena may
command: (3) Quashing or Modifying a Subpoena.
(A) production of documents, electronically (A) When Required. On timely motion, the court for
stored information, or tangible things at a place the district where compliance is required must quash
within 100 miles of where the person resides, is or modify a subpoena that:
employed, or regularly transacts business in person;
and (i) fails to allow a reasonable time to comply;
(B) inspection of premises at the premises to be (ii) requires a person to comply beyond the
inspected. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(d) Protecting a Person Subject to a Subpoena; protected matter, if no exception or waiver applies;
Enforcement. or
(iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense;
Sanctions. A party or attorney responsible for (B) When Permitted. To protect a person subject to
issuing and serving a subpoena must take reasonable or affected by a subpoena, the court for the district
steps to avoid imposing undue burden or expense on where compliance is required may, on motion, quash
a person subject to the subpoena. The court for the or modify the subpoena if it requires:
district where compliance is required must enforce (i) disclosing a trade secret or other confidential
this duty and impose an appropriate sanction research, development, or commercial information;
which may include lost earnings and reasonable or
attorneys feeson a party or attorney who fails to (ii) disclosing an unretained experts opinion or
comply. information that does not describe specific
occurrences in dispute and results from the experts
(2) Command to Produce Materials or Permit study that was not requested by a party.
Inspection. (C) Specifying Conditions as an Alternative. In the
circumstances described in Rule 45(d)(3)(B), the
(A) Appearance Not Required. A person court may, instead of quashing or modifying a
commanded to produce documents, electronically subpoena, order appearance or production under
stored information, or tangible things, or to permit specified conditions if the serving party:
the inspection of premises, need not appear in person (i) shows a substantial need for the testimony or
at the place of production or inspection unless also material that cannot be otherwise met without undue
commanded to appear for a deposition, hearing, or hardship; and
trial. (ii) ensures that the subpoenaed person will be
(B) Objections. A person commanded to produce reasonably compensated.
documents or tangible things or to permit inspection
may serve on the party or attorney designated in the
subpoena a written objection to inspecting, copying, (e) Duties in Responding to a Subpoena.
Voluntary Dismissal: Plaintiff filed a notice of voluntary dismissal on May 10, 2017
because, after lengthy negotiations with opposing counsel, the parties reached settlement.
551
Case
Case
3:16-cv-05975-WHA
3:16-cv-06243-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/01/17 Page
Page552
1 ofof3798
1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-06243 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party Comcast Cable Communications, LLC, in order
21 to ascertain the identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including Comcast or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom Comcast assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
552
Case
Case
3:16-cv-05975-WHA
3:16-cv-06243-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/01/17 Page
Page553
2 ofof3798
1 Malibu Media may not use any information disclosed by Comcast for any
purpose other than protecting its rights as set forth in the complaint.
2
Comcast shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on Comcast.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on Comcast. Comcast shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform Comcast if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides Comcast in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from Comcast (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
553
Case
Case
3:16-cv-05975-WHA
3:16-cv-06243-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/01/17 Page
Page554
3 ofof3798
1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
554
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 555 of 798
AO 88B (Rev.02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below
the following documents, electronically stored information, or objects, and permit their inspection,
copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:
IP Address Date/Time
UTC
67.174.205.201 07/05/2016
07:46:17
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated
premises, land, or other property possessed or controlled by you at the time, date, and location set
forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample
the property or any designated object or operation on it.
The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the
potential consequences of not doing so.
Date: 2/3/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues
or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly
Hills, CA 90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. testing, or sampling any or all of the materials or to
inspecting the premisesor to producing
(1) For a Trial, Hearing, or Deposition. A subpoena electronically stored information in the form or
may command a person to attend a trial, hearing, or forms requested. The objection must be served
deposition only as follows: before the earlier of the time specified for
(A) within 100 miles of where the person resides, compliance or 14 days after the subpoena is served.
is employed, or regularly transacts business in If an objection is made, the following rules apply:
person; or (i) At any time, on notice to the commanded
(B) within the state where the person resides, is person, the serving party may move the court for the
employed, or regularly transacts business in person, district where compliance is required for an order
if the person compelling production or inspection.
(i) Is a person's party's officer; or (ii) These acts may be required only as directed
(ii) Is commanded to attend a trial and would in the order, and the order must protect a person who
incur substantial expense. is neither a party nor a partys officer from
significant expense resulting from compliance.
(2) For Other Discovery: A subpoena may
command: (3) Quashing or Modifying a Subpoena.
(A) production of documents, electronically (A) When Required. On timely motion, the court for
stored information, or tangible things at a place the district where compliance is required must quash
within 100 miles of where the person resides, is or modify a subpoena that:
employed, or regularly transacts business in person;
and (i) fails to allow a reasonable time to comply;
(B) inspection of premises at the premises to be (ii) requires a person to comply beyond the
inspected. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(d) Protecting a Person Subject to a Subpoena; protected matter, if no exception or waiver applies;
Enforcement. or
(iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense;
Sanctions. A party or attorney responsible for (B) When Permitted. To protect a person subject to
issuing and serving a subpoena must take reasonable or affected by a subpoena, the court for the district
steps to avoid imposing undue burden or expense on where compliance is required may, on motion, quash
a person subject to the subpoena. The court for the or modify the subpoena if it requires:
district where compliance is required must enforce (i) disclosing a trade secret or other confidential
this duty and impose an appropriate sanction research, development, or commercial information;
which may include lost earnings and reasonable or
attorneys feeson a party or attorney who fails to (ii) disclosing an unretained experts opinion or
comply. information that does not describe specific
occurrences in dispute and results from the experts
(2) Command to Produce Materials or Permit study that was not requested by a party.
Inspection. (C) Specifying Conditions as an Alternative. In the
circumstances described in Rule 45(d)(3)(B), the
(A) Appearance Not Required. A person court may, instead of quashing or modifying a
commanded to produce documents, electronically subpoena, order appearance or production under
stored information, or tangible things, or to permit specified conditions if the serving party:
the inspection of premises, need not appear in person (i) shows a substantial need for the testimony or
at the place of production or inspection unless also material that cannot be otherwise met without undue
commanded to appear for a deposition, hearing, or hardship; and
trial. (ii) ensures that the subpoenaed person will be
(B) Objections. A person commanded to produce reasonably compensated.
documents or tangible things or to permit inspection
may serve on the party or attorney designated in the
subpoena a written objection to inspecting, copying, (e) Duties in Responding to a Subpoena.
562
Case
Case
3:16-cv-05975-WHA
3:16-cv-06106-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/01/17 Page
Page563
1 ofof3798
1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-06106 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party Comcast Cable Communications, LLC, in order
21 to ascertain the identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including Comcast or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom Comcast assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
563
Case
Case
3:16-cv-05975-WHA
3:16-cv-06106-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/01/17 Page
Page564
2 ofof3798
1 Malibu Media may not use any information disclosed by Comcast for any
purpose other than protecting its rights as set forth in the complaint.
2
Comcast shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on Comcast.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on Comcast. Comcast shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform Comcast if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides Comcast in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from Comcast (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
564
Case
Case
3:16-cv-05975-WHA
3:16-cv-06106-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/01/17 Page
Page565
3 ofof3798
1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
565
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 566 of 798
AO 88B (Rev.02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below
the following documents, electronically stored information, or objects, and permit their inspection,
copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:
IP Address Date/Time
UTC
67.180.164.232 06/24/2016
18:37:40
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated
premises, land, or other property possessed or controlled by you at the time, date, and location set
forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample
the property or any designated object or operation on it.
The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the
potential consequences of not doing so.
Date: 2/3/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues
or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly
Hills, CA 90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. testing, or sampling any or all of the materials or to
inspecting the premisesor to producing
(1) For a Trial, Hearing, or Deposition. A subpoena electronically stored information in the form or
may command a person to attend a trial, hearing, or forms requested. The objection must be served
deposition only as follows: before the earlier of the time specified for
(A) within 100 miles of where the person resides, compliance or 14 days after the subpoena is served.
is employed, or regularly transacts business in If an objection is made, the following rules apply:
person; or (i) At any time, on notice to the commanded
(B) within the state where the person resides, is person, the serving party may move the court for the
employed, or regularly transacts business in person, district where compliance is required for an order
if the person compelling production or inspection.
(i) Is a person's party's officer; or (ii) These acts may be required only as directed
(ii) Is commanded to attend a trial and would in the order, and the order must protect a person who
incur substantial expense. is neither a party nor a partys officer from
significant expense resulting from compliance.
(2) For Other Discovery: A subpoena may
command: (3) Quashing or Modifying a Subpoena.
(A) production of documents, electronically (A) When Required. On timely motion, the court for
stored information, or tangible things at a place the district where compliance is required must quash
within 100 miles of where the person resides, is or modify a subpoena that:
employed, or regularly transacts business in person;
and (i) fails to allow a reasonable time to comply;
(B) inspection of premises at the premises to be (ii) requires a person to comply beyond the
inspected. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(d) Protecting a Person Subject to a Subpoena; protected matter, if no exception or waiver applies;
Enforcement. or
(iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense;
Sanctions. A party or attorney responsible for (B) When Permitted. To protect a person subject to
issuing and serving a subpoena must take reasonable or affected by a subpoena, the court for the district
steps to avoid imposing undue burden or expense on where compliance is required may, on motion, quash
a person subject to the subpoena. The court for the or modify the subpoena if it requires:
district where compliance is required must enforce (i) disclosing a trade secret or other confidential
this duty and impose an appropriate sanction research, development, or commercial information;
which may include lost earnings and reasonable or
attorneys feeson a party or attorney who fails to (ii) disclosing an unretained experts opinion or
comply. information that does not describe specific
occurrences in dispute and results from the experts
(2) Command to Produce Materials or Permit study that was not requested by a party.
Inspection. (C) Specifying Conditions as an Alternative. In the
circumstances described in Rule 45(d)(3)(B), the
(A) Appearance Not Required. A person court may, instead of quashing or modifying a
commanded to produce documents, electronically subpoena, order appearance or production under
stored information, or tangible things, or to permit specified conditions if the serving party:
the inspection of premises, need not appear in person (i) shows a substantial need for the testimony or
at the place of production or inspection unless also material that cannot be otherwise met without undue
commanded to appear for a deposition, hearing, or hardship; and
trial. (ii) ensures that the subpoenaed person will be
(B) Objections. A person commanded to produce reasonably compensated.
documents or tangible things or to permit inspection
may serve on the party or attorney designated in the
subpoena a written objection to inspecting, copying, (e) Duties in Responding to a Subpoena.
573
Case
Case
3:16-cv-05975-WHA
3:16-cv-06239-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/01/17 Page
Page574
1 ofof3798
1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-06239 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party Comcast Cable Communications, LLC, in order
21 to ascertain the identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including Comcast or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom Comcast assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
574
Case
Case
3:16-cv-05975-WHA
3:16-cv-06239-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/01/17 Page
Page575
2 ofof3798
1 Malibu Media may not use any information disclosed by Comcast for any
purpose other than protecting its rights as set forth in the complaint.
2
Comcast shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on Comcast.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on Comcast. Comcast shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform Comcast if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides Comcast in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from Comcast (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
575
Case
Case
3:16-cv-05975-WHA
3:16-cv-06239-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/01/17 Page
Page576
3 ofof3798
1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
576
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 577 of 798
AO 88B (Rev.02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below
the following documents, electronically stored information, or objects, and permit their inspection,
copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:
IP Address Date/Time
UTC
71.198.90.46 07/04/2016
08:51:17
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated
premises, land, or other property possessed or controlled by you at the time, date, and location set
forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample
the property or any designated object or operation on it.
The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the
potential consequences of not doing so.
Date: 2/3/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues
or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly
Hills, CA 90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. testing, or sampling any or all of the materials or to
inspecting the premisesor to producing
(1) For a Trial, Hearing, or Deposition. A subpoena electronically stored information in the form or
may command a person to attend a trial, hearing, or forms requested. The objection must be served
deposition only as follows: before the earlier of the time specified for
(A) within 100 miles of where the person resides, compliance or 14 days after the subpoena is served.
is employed, or regularly transacts business in If an objection is made, the following rules apply:
person; or (i) At any time, on notice to the commanded
(B) within the state where the person resides, is person, the serving party may move the court for the
employed, or regularly transacts business in person, district where compliance is required for an order
if the person compelling production or inspection.
(i) Is a person's party's officer; or (ii) These acts may be required only as directed
(ii) Is commanded to attend a trial and would in the order, and the order must protect a person who
incur substantial expense. is neither a party nor a partys officer from
significant expense resulting from compliance.
(2) For Other Discovery: A subpoena may
command: (3) Quashing or Modifying a Subpoena.
(A) production of documents, electronically (A) When Required. On timely motion, the court for
stored information, or tangible things at a place the district where compliance is required must quash
within 100 miles of where the person resides, is or modify a subpoena that:
employed, or regularly transacts business in person;
and (i) fails to allow a reasonable time to comply;
(B) inspection of premises at the premises to be (ii) requires a person to comply beyond the
inspected. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(d) Protecting a Person Subject to a Subpoena; protected matter, if no exception or waiver applies;
Enforcement. or
(iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense;
Sanctions. A party or attorney responsible for (B) When Permitted. To protect a person subject to
issuing and serving a subpoena must take reasonable or affected by a subpoena, the court for the district
steps to avoid imposing undue burden or expense on where compliance is required may, on motion, quash
a person subject to the subpoena. The court for the or modify the subpoena if it requires:
district where compliance is required must enforce (i) disclosing a trade secret or other confidential
this duty and impose an appropriate sanction research, development, or commercial information;
which may include lost earnings and reasonable or
attorneys feeson a party or attorney who fails to (ii) disclosing an unretained experts opinion or
comply. information that does not describe specific
occurrences in dispute and results from the experts
(2) Command to Produce Materials or Permit study that was not requested by a party.
Inspection. (C) Specifying Conditions as an Alternative. In the
circumstances described in Rule 45(d)(3)(B), the
(A) Appearance Not Required. A person court may, instead of quashing or modifying a
commanded to produce documents, electronically subpoena, order appearance or production under
stored information, or tangible things, or to permit specified conditions if the serving party:
the inspection of premises, need not appear in person (i) shows a substantial need for the testimony or
at the place of production or inspection unless also material that cannot be otherwise met without undue
commanded to appear for a deposition, hearing, or hardship; and
trial. (ii) ensures that the subpoenaed person will be
(B) Objections. A person commanded to produce reasonably compensated.
documents or tangible things or to permit inspection
may serve on the party or attorney designated in the
subpoena a written objection to inspecting, copying, (e) Duties in Responding to a Subpoena.
Voluntary Dismissal: Plaintiff filed a voluntary dismissal on March 17, 2017, because
Comcast could not identify the infringer.
584
Case
Case
3:16-cv-05975-WHA
3:16-cv-05925-WHA
Document
Document
27-313 Filed
Filed05/17/17
02/01/17 Page
Page585
1 ofof3798
1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-05925 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party Comcast Cable Communications, LLC, in order
21 to ascertain the identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including Comcast or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom Comcast assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
585
Case
Case
3:16-cv-05975-WHA
3:16-cv-05925-WHA
Document
Document
27-313 Filed
Filed05/17/17
02/01/17 Page
Page586
2 ofof3798
1 Malibu Media may not use any information disclosed by Comcast for any
purpose other than protecting its rights as set forth in the complaint.
2
Comcast shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on Comcast.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on Comcast. Comcast shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform Comcast if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides Comcast in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from Comcast (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
586
Case
Case
3:16-cv-05975-WHA
3:16-cv-05925-WHA
Document
Document
27-313 Filed
Filed05/17/17
02/01/17 Page
Page587
3 ofof3798
1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
587
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 588 of 798
AO 88B (Rev.02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below
the following documents, electronically stored information, or objects, and permit their inspection,
copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:
IP Address Date/Time
UTC
73.158.147.228 06/14/2016
03:59:53
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated
premises, land, or other property possessed or controlled by you at the time, date, and location set
forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample
the property or any designated object or operation on it.
The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the
potential consequences of not doing so.
Date: 2/3/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues
or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly
Hills, CA 90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. testing, or sampling any or all of the materials or to
inspecting the premisesor to producing
(1) For a Trial, Hearing, or Deposition. A subpoena electronically stored information in the form or
may command a person to attend a trial, hearing, or forms requested. The objection must be served
deposition only as follows: before the earlier of the time specified for
(A) within 100 miles of where the person resides, compliance or 14 days after the subpoena is served.
is employed, or regularly transacts business in If an objection is made, the following rules apply:
person; or (i) At any time, on notice to the commanded
(B) within the state where the person resides, is person, the serving party may move the court for the
employed, or regularly transacts business in person, district where compliance is required for an order
if the person compelling production or inspection.
(i) Is a person's party's officer; or (ii) These acts may be required only as directed
(ii) Is commanded to attend a trial and would in the order, and the order must protect a person who
incur substantial expense. is neither a party nor a partys officer from
significant expense resulting from compliance.
(2) For Other Discovery: A subpoena may
command: (3) Quashing or Modifying a Subpoena.
(A) production of documents, electronically (A) When Required. On timely motion, the court for
stored information, or tangible things at a place the district where compliance is required must quash
within 100 miles of where the person resides, is or modify a subpoena that:
employed, or regularly transacts business in person;
and (i) fails to allow a reasonable time to comply;
(B) inspection of premises at the premises to be (ii) requires a person to comply beyond the
inspected. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(d) Protecting a Person Subject to a Subpoena; protected matter, if no exception or waiver applies;
Enforcement. or
(iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense;
Sanctions. A party or attorney responsible for (B) When Permitted. To protect a person subject to
issuing and serving a subpoena must take reasonable or affected by a subpoena, the court for the district
steps to avoid imposing undue burden or expense on where compliance is required may, on motion, quash
a person subject to the subpoena. The court for the or modify the subpoena if it requires:
district where compliance is required must enforce (i) disclosing a trade secret or other confidential
this duty and impose an appropriate sanction research, development, or commercial information;
which may include lost earnings and reasonable or
attorneys feeson a party or attorney who fails to (ii) disclosing an unretained experts opinion or
comply. information that does not describe specific
occurrences in dispute and results from the experts
(2) Command to Produce Materials or Permit study that was not requested by a party.
Inspection. (C) Specifying Conditions as an Alternative. In the
circumstances described in Rule 45(d)(3)(B), the
(A) Appearance Not Required. A person court may, instead of quashing or modifying a
commanded to produce documents, electronically subpoena, order appearance or production under
stored information, or tangible things, or to permit specified conditions if the serving party:
the inspection of premises, need not appear in person (i) shows a substantial need for the testimony or
at the place of production or inspection unless also material that cannot be otherwise met without undue
commanded to appear for a deposition, hearing, or hardship; and
trial. (ii) ensures that the subpoenaed person will be
(B) Objections. A person commanded to produce reasonably compensated.
documents or tangible things or to permit inspection
may serve on the party or attorney designated in the
subpoena a written objection to inspecting, copying, (e) Duties in Responding to a Subpoena.
Voluntary Dismissal: Plaintiff filed a voluntary dismissal on November 17, 2016 because
it determined that the infringement dates were out of data retention and the ISP would not
be able to identify the infringer.
596
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 597 of 798
Voluntary Dismissal: On April 12, 2017 Plaintiff filed a voluntary dismissal because,
after investigation, it determined that the infringer was not likely the subscriber, but
instead his adult son. Indeed, patterns of infringement suggested a person visiting, and
Plaintiffs additional evidence matched the sons hobbies and interests. Plaintiff
ultimately dismissed because it could not pinpoint the exact address of the sons
residence, to pursue its claim.
597
Case
Case
3:16-cv-05975-WHA
3:16-cv-05976-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/01/17 Page
Page598
1 ofof3798
1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-05976 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party Comcast Cable Communications, LLC, in order
21 to ascertain the identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including Comcast or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom Comcast assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
598
Case
Case
3:16-cv-05975-WHA
3:16-cv-05976-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/01/17 Page
Page599
2 ofof3798
1 Malibu Media may not use any information disclosed by Comcast for any
purpose other than protecting its rights as set forth in the complaint.
2
Comcast shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on Comcast.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on Comcast. Comcast shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform Comcast if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides Comcast in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from Comcast (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
599
Case
Case
3:16-cv-05975-WHA
3:16-cv-05976-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/01/17 Page
Page600
3 ofof3798
1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
600
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 601 of 798
AO 88B (Rev.02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below
the following documents, electronically stored information, or objects, and permit their inspection,
copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:
IP Address Date/Time
UTC
73.222.7.181 06/23/2016
13:52:23
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated
premises, land, or other property possessed or controlled by you at the time, date, and location set
forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample
the property or any designated object or operation on it.
The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the
potential consequences of not doing so.
Date: 2/3/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues
or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly
Hills, CA 90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. testing, or sampling any or all of the materials or to
inspecting the premisesor to producing
(1) For a Trial, Hearing, or Deposition. A subpoena electronically stored information in the form or
may command a person to attend a trial, hearing, or forms requested. The objection must be served
deposition only as follows: before the earlier of the time specified for
(A) within 100 miles of where the person resides, compliance or 14 days after the subpoena is served.
is employed, or regularly transacts business in If an objection is made, the following rules apply:
person; or (i) At any time, on notice to the commanded
(B) within the state where the person resides, is person, the serving party may move the court for the
employed, or regularly transacts business in person, district where compliance is required for an order
if the person compelling production or inspection.
(i) Is a person's party's officer; or (ii) These acts may be required only as directed
(ii) Is commanded to attend a trial and would in the order, and the order must protect a person who
incur substantial expense. is neither a party nor a partys officer from
significant expense resulting from compliance.
(2) For Other Discovery: A subpoena may
command: (3) Quashing or Modifying a Subpoena.
(A) production of documents, electronically (A) When Required. On timely motion, the court for
stored information, or tangible things at a place the district where compliance is required must quash
within 100 miles of where the person resides, is or modify a subpoena that:
employed, or regularly transacts business in person;
and (i) fails to allow a reasonable time to comply;
(B) inspection of premises at the premises to be (ii) requires a person to comply beyond the
inspected. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(d) Protecting a Person Subject to a Subpoena; protected matter, if no exception or waiver applies;
Enforcement. or
(iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense;
Sanctions. A party or attorney responsible for (B) When Permitted. To protect a person subject to
issuing and serving a subpoena must take reasonable or affected by a subpoena, the court for the district
steps to avoid imposing undue burden or expense on where compliance is required may, on motion, quash
a person subject to the subpoena. The court for the or modify the subpoena if it requires:
district where compliance is required must enforce (i) disclosing a trade secret or other confidential
this duty and impose an appropriate sanction research, development, or commercial information;
which may include lost earnings and reasonable or
attorneys feeson a party or attorney who fails to (ii) disclosing an unretained experts opinion or
comply. information that does not describe specific
occurrences in dispute and results from the experts
(2) Command to Produce Materials or Permit study that was not requested by a party.
Inspection. (C) Specifying Conditions as an Alternative. In the
circumstances described in Rule 45(d)(3)(B), the
(A) Appearance Not Required. A person court may, instead of quashing or modifying a
commanded to produce documents, electronically subpoena, order appearance or production under
stored information, or tangible things, or to permit specified conditions if the serving party:
the inspection of premises, need not appear in person (i) shows a substantial need for the testimony or
at the place of production or inspection unless also material that cannot be otherwise met without undue
commanded to appear for a deposition, hearing, or hardship; and
trial. (ii) ensures that the subpoenaed person will be
(B) Objections. A person commanded to produce reasonably compensated.
documents or tangible things or to permit inspection
may serve on the party or attorney designated in the
subpoena a written objection to inspecting, copying, (e) Duties in Responding to a Subpoena.
Voluntary Dismissal: Plaintiff voluntary dismissed this case on November 17, 2016
because it realized that the infringement dates were out of data retention and the ISP
would not be able to identify the Defendant.
608
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 609 of 798
Status: Plaintiff has amended its complaint to pursue litigation and is currently in
settlement negotiations with Defendants counsel.
609
Case
Case
3:16-cv-05975-WHA
3:16-cv-06143-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/01/17 Page
Page610
1 ofof3798
1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-06143 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party Comcast Cable Communications, LLC, in order
21 to ascertain the identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including Comcast or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom Comcast assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
610
Case
Case
3:16-cv-05975-WHA
3:16-cv-06143-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/01/17 Page
Page611
2 ofof3798
1 Malibu Media may not use any information disclosed by Comcast for any
purpose other than protecting its rights as set forth in the complaint.
2
Comcast shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on Comcast.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on Comcast. Comcast shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform Comcast if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides Comcast in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from Comcast (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
611
Case
Case
3:16-cv-05975-WHA
3:16-cv-06143-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/01/17 Page
Page612
3 ofof3798
1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
612
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 613 of 798
AO 88B (Rev.02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below
the following documents, electronically stored information, or objects, and permit their inspection,
copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:
IP Address Date/Time
UTC
73.231.156.90 06/30/2016
06:24:41
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated
premises, land, or other property possessed or controlled by you at the time, date, and location set
forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample
the property or any designated object or operation on it.
The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the
potential consequences of not doing so.
Date: 2/3/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues
or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly
Hills, CA 90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. testing, or sampling any or all of the materials or to
inspecting the premisesor to producing
(1) For a Trial, Hearing, or Deposition. A subpoena electronically stored information in the form or
may command a person to attend a trial, hearing, or forms requested. The objection must be served
deposition only as follows: before the earlier of the time specified for
(A) within 100 miles of where the person resides, compliance or 14 days after the subpoena is served.
is employed, or regularly transacts business in If an objection is made, the following rules apply:
person; or (i) At any time, on notice to the commanded
(B) within the state where the person resides, is person, the serving party may move the court for the
employed, or regularly transacts business in person, district where compliance is required for an order
if the person compelling production or inspection.
(i) Is a person's party's officer; or (ii) These acts may be required only as directed
(ii) Is commanded to attend a trial and would in the order, and the order must protect a person who
incur substantial expense. is neither a party nor a partys officer from
significant expense resulting from compliance.
(2) For Other Discovery: A subpoena may
command: (3) Quashing or Modifying a Subpoena.
(A) production of documents, electronically (A) When Required. On timely motion, the court for
stored information, or tangible things at a place the district where compliance is required must quash
within 100 miles of where the person resides, is or modify a subpoena that:
employed, or regularly transacts business in person;
and (i) fails to allow a reasonable time to comply;
(B) inspection of premises at the premises to be (ii) requires a person to comply beyond the
inspected. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(d) Protecting a Person Subject to a Subpoena; protected matter, if no exception or waiver applies;
Enforcement. or
(iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense;
Sanctions. A party or attorney responsible for (B) When Permitted. To protect a person subject to
issuing and serving a subpoena must take reasonable or affected by a subpoena, the court for the district
steps to avoid imposing undue burden or expense on where compliance is required may, on motion, quash
a person subject to the subpoena. The court for the or modify the subpoena if it requires:
district where compliance is required must enforce (i) disclosing a trade secret or other confidential
this duty and impose an appropriate sanction research, development, or commercial information;
which may include lost earnings and reasonable or
attorneys feeson a party or attorney who fails to (ii) disclosing an unretained experts opinion or
comply. information that does not describe specific
occurrences in dispute and results from the experts
(2) Command to Produce Materials or Permit study that was not requested by a party.
Inspection. (C) Specifying Conditions as an Alternative. In the
circumstances described in Rule 45(d)(3)(B), the
(A) Appearance Not Required. A person court may, instead of quashing or modifying a
commanded to produce documents, electronically subpoena, order appearance or production under
stored information, or tangible things, or to permit specified conditions if the serving party:
the inspection of premises, need not appear in person (i) shows a substantial need for the testimony or
at the place of production or inspection unless also material that cannot be otherwise met without undue
commanded to appear for a deposition, hearing, or hardship; and
trial. (ii) ensures that the subpoenaed person will be
(B) Objections. A person commanded to produce reasonably compensated.
documents or tangible things or to permit inspection
may serve on the party or attorney designated in the
subpoena a written objection to inspecting, copying, (e) Duties in Responding to a Subpoena.
Voluntary Dismissal: Plaintiff filed a notice of dismissal on March 27, 2017 because
Comcast cable could not identify the subscriber.
620
Case
Case
3:16-cv-05975-WHA
3:16-cv-05849-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/01/17 Page
Page621
1 ofof3798
1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-05849 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party Comcast Cable Communications, LLC, in order
21 to ascertain the identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including Comcast or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom Comcast assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
621
Case
Case
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3:16-cv-05849-WHA
Document
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2 ofof3798
1 Malibu Media may not use any information disclosed by Comcast for any
purpose other than protecting its rights as set forth in the complaint.
2
Comcast shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on Comcast.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on Comcast. Comcast shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform Comcast if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides Comcast in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from Comcast (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
622
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3 ofof3798
1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
623
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 624 of 798
AO 88B (Rev.02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below
the following documents, electronically stored information, or objects, and permit their inspection,
copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:
IP Address Date/Time
UTC
73.252.154.135 06/05/2016
04:12:46
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated
premises, land, or other property possessed or controlled by you at the time, date, and location set
forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample
the property or any designated object or operation on it.
The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the
potential consequences of not doing so.
Date: 2/3/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues
or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly
Hills, CA 90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. testing, or sampling any or all of the materials or to
inspecting the premisesor to producing
(1) For a Trial, Hearing, or Deposition. A subpoena electronically stored information in the form or
may command a person to attend a trial, hearing, or forms requested. The objection must be served
deposition only as follows: before the earlier of the time specified for
(A) within 100 miles of where the person resides, compliance or 14 days after the subpoena is served.
is employed, or regularly transacts business in If an objection is made, the following rules apply:
person; or (i) At any time, on notice to the commanded
(B) within the state where the person resides, is person, the serving party may move the court for the
employed, or regularly transacts business in person, district where compliance is required for an order
if the person compelling production or inspection.
(i) Is a person's party's officer; or (ii) These acts may be required only as directed
(ii) Is commanded to attend a trial and would in the order, and the order must protect a person who
incur substantial expense. is neither a party nor a partys officer from
significant expense resulting from compliance.
(2) For Other Discovery: A subpoena may
command: (3) Quashing or Modifying a Subpoena.
(A) production of documents, electronically (A) When Required. On timely motion, the court for
stored information, or tangible things at a place the district where compliance is required must quash
within 100 miles of where the person resides, is or modify a subpoena that:
employed, or regularly transacts business in person;
and (i) fails to allow a reasonable time to comply;
(B) inspection of premises at the premises to be (ii) requires a person to comply beyond the
inspected. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(d) Protecting a Person Subject to a Subpoena; protected matter, if no exception or waiver applies;
Enforcement. or
(iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense;
Sanctions. A party or attorney responsible for (B) When Permitted. To protect a person subject to
issuing and serving a subpoena must take reasonable or affected by a subpoena, the court for the district
steps to avoid imposing undue burden or expense on where compliance is required may, on motion, quash
a person subject to the subpoena. The court for the or modify the subpoena if it requires:
district where compliance is required must enforce (i) disclosing a trade secret or other confidential
this duty and impose an appropriate sanction research, development, or commercial information;
which may include lost earnings and reasonable or
attorneys feeson a party or attorney who fails to (ii) disclosing an unretained experts opinion or
comply. information that does not describe specific
occurrences in dispute and results from the experts
(2) Command to Produce Materials or Permit study that was not requested by a party.
Inspection. (C) Specifying Conditions as an Alternative. In the
circumstances described in Rule 45(d)(3)(B), the
(A) Appearance Not Required. A person court may, instead of quashing or modifying a
commanded to produce documents, electronically subpoena, order appearance or production under
stored information, or tangible things, or to permit specified conditions if the serving party:
the inspection of premises, need not appear in person (i) shows a substantial need for the testimony or
at the place of production or inspection unless also material that cannot be otherwise met without undue
commanded to appear for a deposition, hearing, or hardship; and
trial. (ii) ensures that the subpoenaed person will be
(B) Objections. A person commanded to produce reasonably compensated.
documents or tangible things or to permit inspection
may serve on the party or attorney designated in the
subpoena a written objection to inspecting, copying, (e) Duties in Responding to a Subpoena.
Status: Plaintiff has not yet received the identity of the Defendant and is awaiting a
response from AT&T. Plaintiff anticipates it will receive it June 2, 2017.
631
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 632 of 798
Case
Case
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3:16-cv-06247-WHA
Document
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Page633
1 ofof3798
1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-06247 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party AT&T Internet Services, in order to ascertain the
21 identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including AT&T or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom AT&T assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
633
Case
Case
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3:16-cv-06247-WHA
Document
Document
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2 ofof3798
1 Malibu Media may not use any information disclosed by AT&T for any
purpose other than protecting its rights as set forth in the complaint.
2
AT&T shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on AT&T.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on AT&T. AT&T shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform AT&T if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides AT&T in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from AT&T (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
634
Case
Case
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Document
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3 ofof3798
1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
635
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 636 of 798
AO 88B (Rev.02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below
the following documents, electronically stored information, or objects, and permit their inspection,
copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:
IP Address Date/Time
UTC
75.50.86.25 07/07/2016
00:08:07
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated
premises, land, or other property possessed or controlled by you at the time, date, and location set
forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample
the property or any designated object or operation on it.
636
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 637 of 798
The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the
potential consequences of not doing so.
Date: 2/6/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues
or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly
Hills, CA 90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
637
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 638 of 798
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. testing, or sampling any or all of the materials or to
inspecting the premisesor to producing
(1) For a Trial, Hearing, or Deposition. A subpoena electronically stored information in the form or
may command a person to attend a trial, hearing, or forms requested. The objection must be served
deposition only as follows: before the earlier of the time specified for
(A) within 100 miles of where the person resides, compliance or 14 days after the subpoena is served.
is employed, or regularly transacts business in If an objection is made, the following rules apply:
person; or (i) At any time, on notice to the commanded
(B) within the state where the person resides, is person, the serving party may move the court for the
employed, or regularly transacts business in person, district where compliance is required for an order
if the person compelling production or inspection.
(i) Is a person's party's officer; or (ii) These acts may be required only as directed
(ii) Is commanded to attend a trial and would in the order, and the order must protect a person who
incur substantial expense. is neither a party nor a partys officer from
significant expense resulting from compliance.
(2) For Other Discovery: A subpoena may
command: (3) Quashing or Modifying a Subpoena.
(A) production of documents, electronically (A) When Required. On timely motion, the court for
stored information, or tangible things at a place the district where compliance is required must quash
within 100 miles of where the person resides, is or modify a subpoena that:
employed, or regularly transacts business in person;
and (i) fails to allow a reasonable time to comply;
(B) inspection of premises at the premises to be (ii) requires a person to comply beyond the
inspected. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(d) Protecting a Person Subject to a Subpoena; protected matter, if no exception or waiver applies;
Enforcement. or
(iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense;
Sanctions. A party or attorney responsible for (B) When Permitted. To protect a person subject to
issuing and serving a subpoena must take reasonable or affected by a subpoena, the court for the district
steps to avoid imposing undue burden or expense on where compliance is required may, on motion, quash
a person subject to the subpoena. The court for the or modify the subpoena if it requires:
district where compliance is required must enforce (i) disclosing a trade secret or other confidential
this duty and impose an appropriate sanction research, development, or commercial information;
which may include lost earnings and reasonable or
attorneys feeson a party or attorney who fails to (ii) disclosing an unretained experts opinion or
comply. information that does not describe specific
occurrences in dispute and results from the experts
(2) Command to Produce Materials or Permit study that was not requested by a party.
Inspection. (C) Specifying Conditions as an Alternative. In the
circumstances described in Rule 45(d)(3)(B), the
(A) Appearance Not Required. A person court may, instead of quashing or modifying a
commanded to produce documents, electronically subpoena, order appearance or production under
stored information, or tangible things, or to permit specified conditions if the serving party:
the inspection of premises, need not appear in person (i) shows a substantial need for the testimony or
at the place of production or inspection unless also material that cannot be otherwise met without undue
commanded to appear for a deposition, hearing, or hardship; and
trial. (ii) ensures that the subpoenaed person will be
(B) Objections. A person commanded to produce reasonably compensated.
documents or tangible things or to permit inspection
may serve on the party or attorney designated in the
subpoena a written objection to inspecting, copying, (e) Duties in Responding to a Subpoena.
638
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 639 of 798
639
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 640 of 798
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 641 of 798
Voluntary Dismissal: Plaintiff filed a voluntary dismissal on March 17, 2017 because
Comcast Cable could not identify the subscriber.
641
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3:16-cv-05829-WHA
Document
Document
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02/01/17 Page
Page642
1 ofof3798
1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-05829 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party Comcast Cable Communications, LLC, in order
21 to ascertain the identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including Comcast or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom Comcast assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
642
Case
Case
3:16-cv-05975-WHA
3:16-cv-05829-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/01/17 Page
Page643
2 ofof3798
1 Malibu Media may not use any information disclosed by Comcast for any
purpose other than protecting its rights as set forth in the complaint.
2
Comcast shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on Comcast.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on Comcast. Comcast shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform Comcast if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides Comcast in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from Comcast (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
643
Case
Case
3:16-cv-05975-WHA
3:16-cv-05829-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/01/17 Page
Page644
3 ofof3798
1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
644
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 645 of 798
AO 88B (Rev.02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below
the following documents, electronically stored information, or objects, and permit their inspection,
copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:
IP Address Date/Time
UTC
76.102.116.207 06/01/2016
05:43:52
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated
premises, land, or other property possessed or controlled by you at the time, date, and location set
forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample
the property or any designated object or operation on it.
The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the
potential consequences of not doing so.
Date: 2/3/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues
or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly
Hills, CA 90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. testing, or sampling any or all of the materials or to
inspecting the premisesor to producing
(1) For a Trial, Hearing, or Deposition. A subpoena electronically stored information in the form or
may command a person to attend a trial, hearing, or forms requested. The objection must be served
deposition only as follows: before the earlier of the time specified for
(A) within 100 miles of where the person resides, compliance or 14 days after the subpoena is served.
is employed, or regularly transacts business in If an objection is made, the following rules apply:
person; or (i) At any time, on notice to the commanded
(B) within the state where the person resides, is person, the serving party may move the court for the
employed, or regularly transacts business in person, district where compliance is required for an order
if the person compelling production or inspection.
(i) Is a person's party's officer; or (ii) These acts may be required only as directed
(ii) Is commanded to attend a trial and would in the order, and the order must protect a person who
incur substantial expense. is neither a party nor a partys officer from
significant expense resulting from compliance.
(2) For Other Discovery: A subpoena may
command: (3) Quashing or Modifying a Subpoena.
(A) production of documents, electronically (A) When Required. On timely motion, the court for
stored information, or tangible things at a place the district where compliance is required must quash
within 100 miles of where the person resides, is or modify a subpoena that:
employed, or regularly transacts business in person;
and (i) fails to allow a reasonable time to comply;
(B) inspection of premises at the premises to be (ii) requires a person to comply beyond the
inspected. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(d) Protecting a Person Subject to a Subpoena; protected matter, if no exception or waiver applies;
Enforcement. or
(iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense;
Sanctions. A party or attorney responsible for (B) When Permitted. To protect a person subject to
issuing and serving a subpoena must take reasonable or affected by a subpoena, the court for the district
steps to avoid imposing undue burden or expense on where compliance is required may, on motion, quash
a person subject to the subpoena. The court for the or modify the subpoena if it requires:
district where compliance is required must enforce (i) disclosing a trade secret or other confidential
this duty and impose an appropriate sanction research, development, or commercial information;
which may include lost earnings and reasonable or
attorneys feeson a party or attorney who fails to (ii) disclosing an unretained experts opinion or
comply. information that does not describe specific
occurrences in dispute and results from the experts
(2) Command to Produce Materials or Permit study that was not requested by a party.
Inspection. (C) Specifying Conditions as an Alternative. In the
circumstances described in Rule 45(d)(3)(B), the
(A) Appearance Not Required. A person court may, instead of quashing or modifying a
commanded to produce documents, electronically subpoena, order appearance or production under
stored information, or tangible things, or to permit specified conditions if the serving party:
the inspection of premises, need not appear in person (i) shows a substantial need for the testimony or
at the place of production or inspection unless also material that cannot be otherwise met without undue
commanded to appear for a deposition, hearing, or hardship; and
trial. (ii) ensures that the subpoenaed person will be
(B) Objections. A person commanded to produce reasonably compensated.
documents or tangible things or to permit inspection
may serve on the party or attorney designated in the
subpoena a written objection to inspecting, copying, (e) Duties in Responding to a Subpoena.
Voluntary Dismissal: Plaintiff filed a voluntary dismissal because the Court denied
Plaintiff's Motion for Extension of Time to Effectuate Service. Plaintiff received
Defendant's Identity on or around March 31, 2017 and filed its Amended Complaint on
April 13, 2017. The Court issued the Summons on April 26, 2017. Plaintiff's deadline to
effectuate service was May 4, 2017. Plaintiff knew it would not be able to comply with
this deadline and the Court denied a motion requesting an extension of same. Plaintiff
and undersigned sincerely apologize to the Court for the delays in expeditiously serving
the John Doe defendant.
652
Case
Case
3:16-cv-05975-WHA
3:16-cv-06144-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/01/17 Page
Page653
1 ofof3798
1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-06144 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party Comcast Cable Communications, LLC, in order
21 to ascertain the identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including Comcast or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom Comcast assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
653
Case
Case
3:16-cv-05975-WHA
3:16-cv-06144-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/01/17 Page
Page654
2 ofof3798
1 Malibu Media may not use any information disclosed by Comcast for any
purpose other than protecting its rights as set forth in the complaint.
2
Comcast shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on Comcast.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on Comcast. Comcast shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform Comcast if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides Comcast in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from Comcast (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
654
Case
Case
3:16-cv-05975-WHA
3:16-cv-06144-WHA
Document
Document
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Filed05/17/17
02/01/17 Page
Page655
3 ofof3798
1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
655
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 656 of 798
AO 88B (Rev.02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below
the following documents, electronically stored information, or objects, and permit their inspection,
copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:
IP Address Date/Time
UTC
76.102.154.118 06/30/2016
16:34:24
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated
premises, land, or other property possessed or controlled by you at the time, date, and location set
forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample
the property or any designated object or operation on it.
The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the
potential consequences of not doing so.
Date: 2/3/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues
or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly
Hills, CA 90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. testing, or sampling any or all of the materials or to
inspecting the premisesor to producing
(1) For a Trial, Hearing, or Deposition. A subpoena electronically stored information in the form or
may command a person to attend a trial, hearing, or forms requested. The objection must be served
deposition only as follows: before the earlier of the time specified for
(A) within 100 miles of where the person resides, compliance or 14 days after the subpoena is served.
is employed, or regularly transacts business in If an objection is made, the following rules apply:
person; or (i) At any time, on notice to the commanded
(B) within the state where the person resides, is person, the serving party may move the court for the
employed, or regularly transacts business in person, district where compliance is required for an order
if the person compelling production or inspection.
(i) Is a person's party's officer; or (ii) These acts may be required only as directed
(ii) Is commanded to attend a trial and would in the order, and the order must protect a person who
incur substantial expense. is neither a party nor a partys officer from
significant expense resulting from compliance.
(2) For Other Discovery: A subpoena may
command: (3) Quashing or Modifying a Subpoena.
(A) production of documents, electronically (A) When Required. On timely motion, the court for
stored information, or tangible things at a place the district where compliance is required must quash
within 100 miles of where the person resides, is or modify a subpoena that:
employed, or regularly transacts business in person;
and (i) fails to allow a reasonable time to comply;
(B) inspection of premises at the premises to be (ii) requires a person to comply beyond the
inspected. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(d) Protecting a Person Subject to a Subpoena; protected matter, if no exception or waiver applies;
Enforcement. or
(iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense;
Sanctions. A party or attorney responsible for (B) When Permitted. To protect a person subject to
issuing and serving a subpoena must take reasonable or affected by a subpoena, the court for the district
steps to avoid imposing undue burden or expense on where compliance is required may, on motion, quash
a person subject to the subpoena. The court for the or modify the subpoena if it requires:
district where compliance is required must enforce (i) disclosing a trade secret or other confidential
this duty and impose an appropriate sanction research, development, or commercial information;
which may include lost earnings and reasonable or
attorneys feeson a party or attorney who fails to (ii) disclosing an unretained experts opinion or
comply. information that does not describe specific
occurrences in dispute and results from the experts
(2) Command to Produce Materials or Permit study that was not requested by a party.
Inspection. (C) Specifying Conditions as an Alternative. In the
circumstances described in Rule 45(d)(3)(B), the
(A) Appearance Not Required. A person court may, instead of quashing or modifying a
commanded to produce documents, electronically subpoena, order appearance or production under
stored information, or tangible things, or to permit specified conditions if the serving party:
the inspection of premises, need not appear in person (i) shows a substantial need for the testimony or
at the place of production or inspection unless also material that cannot be otherwise met without undue
commanded to appear for a deposition, hearing, or hardship; and
trial. (ii) ensures that the subpoenaed person will be
(B) Objections. A person commanded to produce reasonably compensated.
documents or tangible things or to permit inspection
may serve on the party or attorney designated in the
subpoena a written objection to inspecting, copying, (e) Duties in Responding to a Subpoena.
Voluntary Dismissal: Plaintiff filed a voluntary dismissal on April 25, 2017, because after
negotiations with opposing counsel, the parties reached settlement agreement.
663
Case
Case
3:16-cv-05975-WHA
3:16-cv-05977-WHA
Document
Document
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02/01/17 Page
Page664
1 ofof3798
1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-05977 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party Comcast Cable Communications, LLC, in order
21 to ascertain the identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including Comcast or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom Comcast assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
664
Case
Case
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3:16-cv-05977-WHA
Document
Document
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Filed05/17/17
02/01/17 Page
Page665
2 ofof3798
1 Malibu Media may not use any information disclosed by Comcast for any
purpose other than protecting its rights as set forth in the complaint.
2
Comcast shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on Comcast.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on Comcast. Comcast shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform Comcast if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides Comcast in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from Comcast (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
665
Case
Case
3:16-cv-05975-WHA
3:16-cv-05977-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/01/17 Page
Page666
3 ofof3798
1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
666
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 667 of 798
AO 88B (Rev.02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below
the following documents, electronically stored information, or objects, and permit their inspection,
copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:
IP Address Date/Time
UTC
76.102.87.133 06/24/2016
00:29:42
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated
premises, land, or other property possessed or controlled by you at the time, date, and location set
forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample
the property or any designated object or operation on it.
The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the
potential consequences of not doing so.
Date: 2/3/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues
or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly
Hills, CA 90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. testing, or sampling any or all of the materials or to
inspecting the premisesor to producing
(1) For a Trial, Hearing, or Deposition. A subpoena electronically stored information in the form or
may command a person to attend a trial, hearing, or forms requested. The objection must be served
deposition only as follows: before the earlier of the time specified for
(A) within 100 miles of where the person resides, compliance or 14 days after the subpoena is served.
is employed, or regularly transacts business in If an objection is made, the following rules apply:
person; or (i) At any time, on notice to the commanded
(B) within the state where the person resides, is person, the serving party may move the court for the
employed, or regularly transacts business in person, district where compliance is required for an order
if the person compelling production or inspection.
(i) Is a person's party's officer; or (ii) These acts may be required only as directed
(ii) Is commanded to attend a trial and would in the order, and the order must protect a person who
incur substantial expense. is neither a party nor a partys officer from
significant expense resulting from compliance.
(2) For Other Discovery: A subpoena may
command: (3) Quashing or Modifying a Subpoena.
(A) production of documents, electronically (A) When Required. On timely motion, the court for
stored information, or tangible things at a place the district where compliance is required must quash
within 100 miles of where the person resides, is or modify a subpoena that:
employed, or regularly transacts business in person;
and (i) fails to allow a reasonable time to comply;
(B) inspection of premises at the premises to be (ii) requires a person to comply beyond the
inspected. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(d) Protecting a Person Subject to a Subpoena; protected matter, if no exception or waiver applies;
Enforcement. or
(iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense;
Sanctions. A party or attorney responsible for (B) When Permitted. To protect a person subject to
issuing and serving a subpoena must take reasonable or affected by a subpoena, the court for the district
steps to avoid imposing undue burden or expense on where compliance is required may, on motion, quash
a person subject to the subpoena. The court for the or modify the subpoena if it requires:
district where compliance is required must enforce (i) disclosing a trade secret or other confidential
this duty and impose an appropriate sanction research, development, or commercial information;
which may include lost earnings and reasonable or
attorneys feeson a party or attorney who fails to (ii) disclosing an unretained experts opinion or
comply. information that does not describe specific
occurrences in dispute and results from the experts
(2) Command to Produce Materials or Permit study that was not requested by a party.
Inspection. (C) Specifying Conditions as an Alternative. In the
circumstances described in Rule 45(d)(3)(B), the
(A) Appearance Not Required. A person court may, instead of quashing or modifying a
commanded to produce documents, electronically subpoena, order appearance or production under
stored information, or tangible things, or to permit specified conditions if the serving party:
the inspection of premises, need not appear in person (i) shows a substantial need for the testimony or
at the place of production or inspection unless also material that cannot be otherwise met without undue
commanded to appear for a deposition, hearing, or hardship; and
trial. (ii) ensures that the subpoenaed person will be
(B) Objections. A person commanded to produce reasonably compensated.
documents or tangible things or to permit inspection
may serve on the party or attorney designated in the
subpoena a written objection to inspecting, copying, (e) Duties in Responding to a Subpoena.
Voluntary Dismissal: Plaintiff filed a voluntary dismissal on March 17, 2017 because
Comcast Cable could not identify the subscriber.
674
Case
Case
3:16-cv-05975-WHA
3:16-cv-05823-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/01/17 Page
Page675
1 ofof3798
1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-05823 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party Comcast Cable Communications, LLC, in order
21 to ascertain the identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including Comcast or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom Comcast assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
675
Case
Case
3:16-cv-05975-WHA
3:16-cv-05823-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/01/17 Page
Page676
2 ofof3798
1 Malibu Media may not use any information disclosed by Comcast for any
purpose other than protecting its rights as set forth in the complaint.
2
Comcast shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on Comcast.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on Comcast. Comcast shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform Comcast if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides Comcast in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from Comcast (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
676
Case
Case
3:16-cv-05975-WHA
3:16-cv-05823-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/01/17 Page
Page677
3 ofof3798
1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
677
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 678 of 798
AO 88B (Rev.02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below
the following documents, electronically stored information, or objects, and permit their inspection,
copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:
IP Address Date/Time
UTC
76.126.33.91 05/19/2016
02:38:02
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated
premises, land, or other property possessed or controlled by you at the time, date, and location set
forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample
the property or any designated object or operation on it.
The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the
potential consequences of not doing so.
Date: 2/3/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues
or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly
Hills, CA 90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. testing, or sampling any or all of the materials or to
inspecting the premisesor to producing
(1) For a Trial, Hearing, or Deposition. A subpoena electronically stored information in the form or
may command a person to attend a trial, hearing, or forms requested. The objection must be served
deposition only as follows: before the earlier of the time specified for
(A) within 100 miles of where the person resides, compliance or 14 days after the subpoena is served.
is employed, or regularly transacts business in If an objection is made, the following rules apply:
person; or (i) At any time, on notice to the commanded
(B) within the state where the person resides, is person, the serving party may move the court for the
employed, or regularly transacts business in person, district where compliance is required for an order
if the person compelling production or inspection.
(i) Is a person's party's officer; or (ii) These acts may be required only as directed
(ii) Is commanded to attend a trial and would in the order, and the order must protect a person who
incur substantial expense. is neither a party nor a partys officer from
significant expense resulting from compliance.
(2) For Other Discovery: A subpoena may
command: (3) Quashing or Modifying a Subpoena.
(A) production of documents, electronically (A) When Required. On timely motion, the court for
stored information, or tangible things at a place the district where compliance is required must quash
within 100 miles of where the person resides, is or modify a subpoena that:
employed, or regularly transacts business in person;
and (i) fails to allow a reasonable time to comply;
(B) inspection of premises at the premises to be (ii) requires a person to comply beyond the
inspected. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(d) Protecting a Person Subject to a Subpoena; protected matter, if no exception or waiver applies;
Enforcement. or
(iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense;
Sanctions. A party or attorney responsible for (B) When Permitted. To protect a person subject to
issuing and serving a subpoena must take reasonable or affected by a subpoena, the court for the district
steps to avoid imposing undue burden or expense on where compliance is required may, on motion, quash
a person subject to the subpoena. The court for the or modify the subpoena if it requires:
district where compliance is required must enforce (i) disclosing a trade secret or other confidential
this duty and impose an appropriate sanction research, development, or commercial information;
which may include lost earnings and reasonable or
attorneys feeson a party or attorney who fails to (ii) disclosing an unretained experts opinion or
comply. information that does not describe specific
occurrences in dispute and results from the experts
(2) Command to Produce Materials or Permit study that was not requested by a party.
Inspection. (C) Specifying Conditions as an Alternative. In the
circumstances described in Rule 45(d)(3)(B), the
(A) Appearance Not Required. A person court may, instead of quashing or modifying a
commanded to produce documents, electronically subpoena, order appearance or production under
stored information, or tangible things, or to permit specified conditions if the serving party:
the inspection of premises, need not appear in person (i) shows a substantial need for the testimony or
at the place of production or inspection unless also material that cannot be otherwise met without undue
commanded to appear for a deposition, hearing, or hardship; and
trial. (ii) ensures that the subpoenaed person will be
(B) Objections. A person commanded to produce reasonably compensated.
documents or tangible things or to permit inspection
may serve on the party or attorney designated in the
subpoena a written objection to inspecting, copying, (e) Duties in Responding to a Subpoena.
Voluntary Dismissal: Plaintiff filed a voluntary dismissal on March 17, 2017 because
Comcast Cable could not identify the subscriber.
685
Case
Case
3:16-cv-05975-WHA
3:16-cv-06112-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/01/17 Page
Page686
1 ofof3798
1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-06112 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party Comcast Cable Communications, LLC, in order
21 to ascertain the identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including Comcast or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom Comcast assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
686
Case
Case
3:16-cv-05975-WHA
3:16-cv-06112-WHA
Document
Document
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Filed05/17/17
02/01/17 Page
Page687
2 ofof3798
1 Malibu Media may not use any information disclosed by Comcast for any
purpose other than protecting its rights as set forth in the complaint.
2
Comcast shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on Comcast.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on Comcast. Comcast shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform Comcast if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides Comcast in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from Comcast (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
687
Case
Case
3:16-cv-05975-WHA
3:16-cv-06112-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/01/17 Page
Page688
3 ofof3798
1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
688
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 689 of 798
AO 88B (Rev.02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below
the following documents, electronically stored information, or objects, and permit their inspection,
copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:
IP Address Date/Time
UTC
76.21.65.14 06/27/2016
12:37:46
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated
premises, land, or other property possessed or controlled by you at the time, date, and location set
forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample
the property or any designated object or operation on it.
The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the
potential consequences of not doing so.
Date: 2/3/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues
or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly
Hills, CA 90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. testing, or sampling any or all of the materials or to
inspecting the premisesor to producing
(1) For a Trial, Hearing, or Deposition. A subpoena electronically stored information in the form or
may command a person to attend a trial, hearing, or forms requested. The objection must be served
deposition only as follows: before the earlier of the time specified for
(A) within 100 miles of where the person resides, compliance or 14 days after the subpoena is served.
is employed, or regularly transacts business in If an objection is made, the following rules apply:
person; or (i) At any time, on notice to the commanded
(B) within the state where the person resides, is person, the serving party may move the court for the
employed, or regularly transacts business in person, district where compliance is required for an order
if the person compelling production or inspection.
(i) Is a person's party's officer; or (ii) These acts may be required only as directed
(ii) Is commanded to attend a trial and would in the order, and the order must protect a person who
incur substantial expense. is neither a party nor a partys officer from
significant expense resulting from compliance.
(2) For Other Discovery: A subpoena may
command: (3) Quashing or Modifying a Subpoena.
(A) production of documents, electronically (A) When Required. On timely motion, the court for
stored information, or tangible things at a place the district where compliance is required must quash
within 100 miles of where the person resides, is or modify a subpoena that:
employed, or regularly transacts business in person;
and (i) fails to allow a reasonable time to comply;
(B) inspection of premises at the premises to be (ii) requires a person to comply beyond the
inspected. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(d) Protecting a Person Subject to a Subpoena; protected matter, if no exception or waiver applies;
Enforcement. or
(iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense;
Sanctions. A party or attorney responsible for (B) When Permitted. To protect a person subject to
issuing and serving a subpoena must take reasonable or affected by a subpoena, the court for the district
steps to avoid imposing undue burden or expense on where compliance is required may, on motion, quash
a person subject to the subpoena. The court for the or modify the subpoena if it requires:
district where compliance is required must enforce (i) disclosing a trade secret or other confidential
this duty and impose an appropriate sanction research, development, or commercial information;
which may include lost earnings and reasonable or
attorneys feeson a party or attorney who fails to (ii) disclosing an unretained experts opinion or
comply. information that does not describe specific
occurrences in dispute and results from the experts
(2) Command to Produce Materials or Permit study that was not requested by a party.
Inspection. (C) Specifying Conditions as an Alternative. In the
circumstances described in Rule 45(d)(3)(B), the
(A) Appearance Not Required. A person court may, instead of quashing or modifying a
commanded to produce documents, electronically subpoena, order appearance or production under
stored information, or tangible things, or to permit specified conditions if the serving party:
the inspection of premises, need not appear in person (i) shows a substantial need for the testimony or
at the place of production or inspection unless also material that cannot be otherwise met without undue
commanded to appear for a deposition, hearing, or hardship; and
trial. (ii) ensures that the subpoenaed person will be
(B) Objections. A person commanded to produce reasonably compensated.
documents or tangible things or to permit inspection
may serve on the party or attorney designated in the
subpoena a written objection to inspecting, copying, (e) Duties in Responding to a Subpoena.
697
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 698 of 798
Case
Case
3:16-cv-05975-WHA
3:16-cv-05737-WHA
Document
Document
27-313 Filed
Filed05/17/17
02/02/17 Page
Page699
1 ofof3798
1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-05737 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party AT&T Internet Services, in order to ascertain the
21 identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including AT&T or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom AT&T assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
699
Case
Case
3:16-cv-05975-WHA
3:16-cv-05737-WHA
Document
Document
27-313 Filed
Filed05/17/17
02/02/17 Page
Page700
2 ofof3798
1 Malibu Media may not use any information disclosed by AT&T for any
purpose other than protecting its rights as set forth in the complaint.
2
AT&T shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on AT&T.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on AT&T. AT&T shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform AT&T if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides AT&T in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from AT&T (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
700
Case
Case
3:16-cv-05975-WHA
3:16-cv-05737-WHA
Document
Document
27-313 Filed
Filed05/17/17
02/02/17 Page
Page701
3 ofof3798
1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
701
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 702 of 798
AO 88B (Rev.02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below
the following documents, electronically stored information, or objects, and permit their inspection,
copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:
IP Address Date/Time
UTC
76.220.20.27 04/18/2016
14:09:09
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated
premises, land, or other property possessed or controlled by you at the time, date, and location set
forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample
the property or any designated object or operation on it.
702
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 703 of 798
The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the
potential consequences of not doing so.
Date: 2/6/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues
or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly
Hills, CA 90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
703
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 704 of 798
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. testing, or sampling any or all of the materials or to
inspecting the premisesor to producing
(1) For a Trial, Hearing, or Deposition. A subpoena electronically stored information in the form or
may command a person to attend a trial, hearing, or forms requested. The objection must be served
deposition only as follows: before the earlier of the time specified for
(A) within 100 miles of where the person resides, compliance or 14 days after the subpoena is served.
is employed, or regularly transacts business in If an objection is made, the following rules apply:
person; or (i) At any time, on notice to the commanded
(B) within the state where the person resides, is person, the serving party may move the court for the
employed, or regularly transacts business in person, district where compliance is required for an order
if the person compelling production or inspection.
(i) Is a person's party's officer; or (ii) These acts may be required only as directed
(ii) Is commanded to attend a trial and would in the order, and the order must protect a person who
incur substantial expense. is neither a party nor a partys officer from
significant expense resulting from compliance.
(2) For Other Discovery: A subpoena may
command: (3) Quashing or Modifying a Subpoena.
(A) production of documents, electronically (A) When Required. On timely motion, the court for
stored information, or tangible things at a place the district where compliance is required must quash
within 100 miles of where the person resides, is or modify a subpoena that:
employed, or regularly transacts business in person;
and (i) fails to allow a reasonable time to comply;
(B) inspection of premises at the premises to be (ii) requires a person to comply beyond the
inspected. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(d) Protecting a Person Subject to a Subpoena; protected matter, if no exception or waiver applies;
Enforcement. or
(iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense;
Sanctions. A party or attorney responsible for (B) When Permitted. To protect a person subject to
issuing and serving a subpoena must take reasonable or affected by a subpoena, the court for the district
steps to avoid imposing undue burden or expense on where compliance is required may, on motion, quash
a person subject to the subpoena. The court for the or modify the subpoena if it requires:
district where compliance is required must enforce (i) disclosing a trade secret or other confidential
this duty and impose an appropriate sanction research, development, or commercial information;
which may include lost earnings and reasonable or
attorneys feeson a party or attorney who fails to (ii) disclosing an unretained experts opinion or
comply. information that does not describe specific
occurrences in dispute and results from the experts
(2) Command to Produce Materials or Permit study that was not requested by a party.
Inspection. (C) Specifying Conditions as an Alternative. In the
circumstances described in Rule 45(d)(3)(B), the
(A) Appearance Not Required. A person court may, instead of quashing or modifying a
commanded to produce documents, electronically subpoena, order appearance or production under
stored information, or tangible things, or to permit specified conditions if the serving party:
the inspection of premises, need not appear in person (i) shows a substantial need for the testimony or
at the place of production or inspection unless also material that cannot be otherwise met without undue
commanded to appear for a deposition, hearing, or hardship; and
trial. (ii) ensures that the subpoenaed person will be
(B) Objections. A person commanded to produce reasonably compensated.
documents or tangible things or to permit inspection
may serve on the party or attorney designated in the
subpoena a written objection to inspecting, copying, (e) Duties in Responding to a Subpoena.
704
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 705 of 798
705
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 706 of 798
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 707 of 798
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 708 of 798
708
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 709 of 798
709
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 710 of 798
710
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 711 of 798
711
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 712 of 798
712
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 713 of 798
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 714 of 798
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 715 of 798
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 716 of 798
>Historical IP Provisioning
TXID DATE RC Message Key/Vals
ban:
sbcgnfttxassociateduid:
Port and ip_assigned: 76.220.20.27 [H]
04/18/2016 13:48:58 101 BAN rg:
Match siteid:
circuit:
port:
ban:
sbcgnfttxassociateduid
ip_assigned: 76.220.20.27 [H]
rg:
OK Port sbcgnfttxsap:
04/19/2016 01:27:47 101
Modified
siteid:
circuit:
port:
716
AT&T Proprietary
The information contained here is for use by authorized person only and is not for general distribution.
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 717 of 798
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 718 of 798
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 719 of 798
Voluntary Dismissal: On March 29, 2017, Plaintiff received Defendants identity. After
an investigation, Plaintiff determined that the subscriber was likely the infringer.
Unfortunately, it did not file its amended complaint until April 13, 2017. Plaintiff did not
receive the summons until April 26, 2017. On May 1, 2017 the Court denied Plaintiffs
extension request to serve without prejudice. Because Plaintiff did not have its counsel
attempt to pick up the summons in person, Plaintiff believed it could not show due
diligence in a renewed motion. For these reasons, Plaintiff decided to dismiss. Plaintiff
and undersigned apologize to the Court for its delays and state that if Plaintiff ever
decides to file cases in this District again, it will do so only in small amounts in which its
resources can assure proper case management.
719
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 720 of 798
Case
Case
3:16-cv-05975-WHA
3:16-cv-06141-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/02/17 Page
Page721
1 ofof3798
1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-06141 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party AT&T Internet Services, in order to ascertain the
21 identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including AT&T or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom AT&T assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
721
Case
Case
3:16-cv-05975-WHA
3:16-cv-06141-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/02/17 Page
Page722
2 ofof3798
1 Malibu Media may not use any information disclosed by AT&T for any
purpose other than protecting its rights as set forth in the complaint.
2
AT&T shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on AT&T.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on AT&T. AT&T shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform AT&T if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides AT&T in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from AT&T (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
722
Case
Case
3:16-cv-05975-WHA
3:16-cv-06141-WHA
Document
Document
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Filed05/17/17
02/02/17 Page
Page723
3 ofof3798
1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
723
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 724 of 798
AO 88B (Rev.02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below
the following documents, electronically stored information, or objects, and permit their inspection,
copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:
IP Address Date/Time
UTC
76.220.56.83 06/28/2016
04:29:47
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated
premises, land, or other property possessed or controlled by you at the time, date, and location set
forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample
the property or any designated object or operation on it.
724
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 725 of 798
The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the
potential consequences of not doing so.
Date: 2/6/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues
or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly
Hills, CA 90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
725
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 726 of 798
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. testing, or sampling any or all of the materials or to
inspecting the premisesor to producing
(1) For a Trial, Hearing, or Deposition. A subpoena electronically stored information in the form or
may command a person to attend a trial, hearing, or forms requested. The objection must be served
deposition only as follows: before the earlier of the time specified for
(A) within 100 miles of where the person resides, compliance or 14 days after the subpoena is served.
is employed, or regularly transacts business in If an objection is made, the following rules apply:
person; or (i) At any time, on notice to the commanded
(B) within the state where the person resides, is person, the serving party may move the court for the
employed, or regularly transacts business in person, district where compliance is required for an order
if the person compelling production or inspection.
(i) Is a person's party's officer; or (ii) These acts may be required only as directed
(ii) Is commanded to attend a trial and would in the order, and the order must protect a person who
incur substantial expense. is neither a party nor a partys officer from
significant expense resulting from compliance.
(2) For Other Discovery: A subpoena may
command: (3) Quashing or Modifying a Subpoena.
(A) production of documents, electronically (A) When Required. On timely motion, the court for
stored information, or tangible things at a place the district where compliance is required must quash
within 100 miles of where the person resides, is or modify a subpoena that:
employed, or regularly transacts business in person;
and (i) fails to allow a reasonable time to comply;
(B) inspection of premises at the premises to be (ii) requires a person to comply beyond the
inspected. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(d) Protecting a Person Subject to a Subpoena; protected matter, if no exception or waiver applies;
Enforcement. or
(iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense;
Sanctions. A party or attorney responsible for (B) When Permitted. To protect a person subject to
issuing and serving a subpoena must take reasonable or affected by a subpoena, the court for the district
steps to avoid imposing undue burden or expense on where compliance is required may, on motion, quash
a person subject to the subpoena. The court for the or modify the subpoena if it requires:
district where compliance is required must enforce (i) disclosing a trade secret or other confidential
this duty and impose an appropriate sanction research, development, or commercial information;
which may include lost earnings and reasonable or
attorneys feeson a party or attorney who fails to (ii) disclosing an unretained experts opinion or
comply. information that does not describe specific
occurrences in dispute and results from the experts
(2) Command to Produce Materials or Permit study that was not requested by a party.
Inspection. (C) Specifying Conditions as an Alternative. In the
circumstances described in Rule 45(d)(3)(B), the
(A) Appearance Not Required. A person court may, instead of quashing or modifying a
commanded to produce documents, electronically subpoena, order appearance or production under
stored information, or tangible things, or to permit specified conditions if the serving party:
the inspection of premises, need not appear in person (i) shows a substantial need for the testimony or
at the place of production or inspection unless also material that cannot be otherwise met without undue
commanded to appear for a deposition, hearing, or hardship; and
trial. (ii) ensures that the subpoenaed person will be
(B) Objections. A person commanded to produce reasonably compensated.
documents or tangible things or to permit inspection
may serve on the party or attorney designated in the
subpoena a written objection to inspecting, copying, (e) Duties in Responding to a Subpoena.
726
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 727 of 798
727
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 728 of 798
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 729 of 798
BAN:
Circuit Id:
CMS Policy:
DHCP Relay:
DSLAM:
HSIA Registered: yes
IP: 76.220.56.128
MAC Addr:
MemberId:
Historical IP Provisioning
Messag
TXID DATE RC Key/Vals
e
ban:
sbcgnfttxassociateduid:
ip_assigned: 76.220.56.83 [H]
01/18/2016 OK -
100 rg:
20:46:33 Success
siteid:
circuit:
port:
ban:
sbcgnfttxassociateduid
ip_assigned: 76.220.56.83 [H]
OK Port
rg
08/23/2016 Modified
102 sbcgnfttxsap:
11:20:26 Policy
Modified
siteid:
circuit:
port:
729
AT&T Proprietary
The information contained here is for use by authorized person only and is not for general distribution.
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 730 of 798
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 731 of 798
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 732 of 798
732
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 733 of 798
733
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 734 of 798
734
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 735 of 798
735
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 736 of 798
736
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 737 of 798
737
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 738 of 798
738
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 739 of 798
Case
Case
3:16-cv-05975-WHA
3:16-cv-05845-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/02/17 Page
Page740
1 ofof3798
1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-05845 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party AT&T Internet Services, in order to ascertain the
21 identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including AT&T or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom AT&T assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
740
Case
Case
3:16-cv-05975-WHA
3:16-cv-05845-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/02/17 Page
Page741
2 ofof3798
1 Malibu Media may not use any information disclosed by AT&T for any
purpose other than protecting its rights as set forth in the complaint.
2
AT&T shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on AT&T.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on AT&T. AT&T shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform AT&T if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides AT&T in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from AT&T (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
741
Case
Case
3:16-cv-05975-WHA
3:16-cv-05845-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/02/17 Page
Page742
3 ofof3798
1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
742
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 743 of 798
AO 88B (Rev.02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below
the following documents, electronically stored information, or objects, and permit their inspection,
copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:
IP Address Date/Time
UTC
76.247.189.251 06/02/2016
02:31:05
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated
premises, land, or other property possessed or controlled by you at the time, date, and location set
forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample
the property or any designated object or operation on it.
743
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 744 of 798
The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the
potential consequences of not doing so.
Date: 2/6/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues
or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly
Hills, CA 90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
744
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 745 of 798
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. testing, or sampling any or all of the materials or to
inspecting the premisesor to producing
(1) For a Trial, Hearing, or Deposition. A subpoena electronically stored information in the form or
may command a person to attend a trial, hearing, or forms requested. The objection must be served
deposition only as follows: before the earlier of the time specified for
(A) within 100 miles of where the person resides, compliance or 14 days after the subpoena is served.
is employed, or regularly transacts business in If an objection is made, the following rules apply:
person; or (i) At any time, on notice to the commanded
(B) within the state where the person resides, is person, the serving party may move the court for the
employed, or regularly transacts business in person, district where compliance is required for an order
if the person compelling production or inspection.
(i) Is a person's party's officer; or (ii) These acts may be required only as directed
(ii) Is commanded to attend a trial and would in the order, and the order must protect a person who
incur substantial expense. is neither a party nor a partys officer from
significant expense resulting from compliance.
(2) For Other Discovery: A subpoena may
command: (3) Quashing or Modifying a Subpoena.
(A) production of documents, electronically (A) When Required. On timely motion, the court for
stored information, or tangible things at a place the district where compliance is required must quash
within 100 miles of where the person resides, is or modify a subpoena that:
employed, or regularly transacts business in person;
and (i) fails to allow a reasonable time to comply;
(B) inspection of premises at the premises to be (ii) requires a person to comply beyond the
inspected. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(d) Protecting a Person Subject to a Subpoena; protected matter, if no exception or waiver applies;
Enforcement. or
(iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense;
Sanctions. A party or attorney responsible for (B) When Permitted. To protect a person subject to
issuing and serving a subpoena must take reasonable or affected by a subpoena, the court for the district
steps to avoid imposing undue burden or expense on where compliance is required may, on motion, quash
a person subject to the subpoena. The court for the or modify the subpoena if it requires:
district where compliance is required must enforce (i) disclosing a trade secret or other confidential
this duty and impose an appropriate sanction research, development, or commercial information;
which may include lost earnings and reasonable or
attorneys feeson a party or attorney who fails to (ii) disclosing an unretained experts opinion or
comply. information that does not describe specific
occurrences in dispute and results from the experts
(2) Command to Produce Materials or Permit study that was not requested by a party.
Inspection. (C) Specifying Conditions as an Alternative. In the
circumstances described in Rule 45(d)(3)(B), the
(A) Appearance Not Required. A person court may, instead of quashing or modifying a
commanded to produce documents, electronically subpoena, order appearance or production under
stored information, or tangible things, or to permit specified conditions if the serving party:
the inspection of premises, need not appear in person (i) shows a substantial need for the testimony or
at the place of production or inspection unless also material that cannot be otherwise met without undue
commanded to appear for a deposition, hearing, or hardship; and
trial. (ii) ensures that the subpoenaed person will be
(B) Objections. A person commanded to produce reasonably compensated.
documents or tangible things or to permit inspection
may serve on the party or attorney designated in the
subpoena a written objection to inspecting, copying, (e) Duties in Responding to a Subpoena.
745
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 746 of 798
746
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 747 of 798
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 748 of 798
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 749 of 798
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 750 of 798
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 751 of 798
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 752 of 798
752
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 753 of 798
753
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 754 of 798
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 755 of 798
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 756 of 798
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 757 of 798
Voluntary Dismissal: Voluntarily dismissed because the Court denied Plaintiff's Motion
for Extension of Time to Effectuate Service. Plaintiff received Defendant's Identity on or
around March 31, 2017 and filed its Amended Complaint on April 13, 2017. The Court
issued the Summons on April 26, 2017. Plaintiff's deadline to effectuate service was May
5, 2017. Plaintiff knew it would not be able to comply with this deadline and the Court
denied a motion requesting an extension of same. Plaintiff apologizes to the Court for its
delay and will make every effort to limit the amount of suits filed and ensure it has
adequate resources to promptly effectuate service in the future.
757
Case
Case
3:16-cv-05975-WHA
3:16-cv-06107-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/01/17 Page
Page758
1 ofof3798
1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-06107 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party Comcast Cable Communications, LLC, in order
21 to ascertain the identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including Comcast or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom Comcast assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
758
Case
Case
3:16-cv-05975-WHA
3:16-cv-06107-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/01/17 Page
Page759
2 ofof3798
1 Malibu Media may not use any information disclosed by Comcast for any
purpose other than protecting its rights as set forth in the complaint.
2
Comcast shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on Comcast.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on Comcast. Comcast shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform Comcast if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides Comcast in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from Comcast (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
759
Case
Case
3:16-cv-05975-WHA
3:16-cv-06107-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/01/17 Page
Page760
3 ofof3798
1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
760
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 761 of 798
AO 88B (Rev.02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below
the following documents, electronically stored information, or objects, and permit their inspection,
copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:
IP Address Date/Time
UTC
98.207.248.50 06/25/2016
05:13:33
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated
premises, land, or other property possessed or controlled by you at the time, date, and location set
forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample
the property or any designated object or operation on it.
The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the
potential consequences of not doing so.
Date: 2/3/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues
or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly
Hills, CA 90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. testing, or sampling any or all of the materials or to
inspecting the premisesor to producing
(1) For a Trial, Hearing, or Deposition. A subpoena electronically stored information in the form or
may command a person to attend a trial, hearing, or forms requested. The objection must be served
deposition only as follows: before the earlier of the time specified for
(A) within 100 miles of where the person resides, compliance or 14 days after the subpoena is served.
is employed, or regularly transacts business in If an objection is made, the following rules apply:
person; or (i) At any time, on notice to the commanded
(B) within the state where the person resides, is person, the serving party may move the court for the
employed, or regularly transacts business in person, district where compliance is required for an order
if the person compelling production or inspection.
(i) Is a person's party's officer; or (ii) These acts may be required only as directed
(ii) Is commanded to attend a trial and would in the order, and the order must protect a person who
incur substantial expense. is neither a party nor a partys officer from
significant expense resulting from compliance.
(2) For Other Discovery: A subpoena may
command: (3) Quashing or Modifying a Subpoena.
(A) production of documents, electronically (A) When Required. On timely motion, the court for
stored information, or tangible things at a place the district where compliance is required must quash
within 100 miles of where the person resides, is or modify a subpoena that:
employed, or regularly transacts business in person;
and (i) fails to allow a reasonable time to comply;
(B) inspection of premises at the premises to be (ii) requires a person to comply beyond the
inspected. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(d) Protecting a Person Subject to a Subpoena; protected matter, if no exception or waiver applies;
Enforcement. or
(iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense;
Sanctions. A party or attorney responsible for (B) When Permitted. To protect a person subject to
issuing and serving a subpoena must take reasonable or affected by a subpoena, the court for the district
steps to avoid imposing undue burden or expense on where compliance is required may, on motion, quash
a person subject to the subpoena. The court for the or modify the subpoena if it requires:
district where compliance is required must enforce (i) disclosing a trade secret or other confidential
this duty and impose an appropriate sanction research, development, or commercial information;
which may include lost earnings and reasonable or
attorneys feeson a party or attorney who fails to (ii) disclosing an unretained experts opinion or
comply. information that does not describe specific
occurrences in dispute and results from the experts
(2) Command to Produce Materials or Permit study that was not requested by a party.
Inspection. (C) Specifying Conditions as an Alternative. In the
circumstances described in Rule 45(d)(3)(B), the
(A) Appearance Not Required. A person court may, instead of quashing or modifying a
commanded to produce documents, electronically subpoena, order appearance or production under
stored information, or tangible things, or to permit specified conditions if the serving party:
the inspection of premises, need not appear in person (i) shows a substantial need for the testimony or
at the place of production or inspection unless also material that cannot be otherwise met without undue
commanded to appear for a deposition, hearing, or hardship; and
trial. (ii) ensures that the subpoenaed person will be
(B) Objections. A person commanded to produce reasonably compensated.
documents or tangible things or to permit inspection
may serve on the party or attorney designated in the
subpoena a written objection to inspecting, copying, (e) Duties in Responding to a Subpoena.
Voluntary Dismissal: Plaintiff filed a voluntary dismissal because the subscriber was
elderly and Plaintiff does not pursue cases against the elderly.
768
Case
Case
3:16-cv-05975-WHA
3:16-cv-05972-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/01/17 Page
Page769
1 ofof3798
1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-05972 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party Comcast Cable Communications, LLC, in order
21 to ascertain the identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including Comcast or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom Comcast assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
769
Case
Case
3:16-cv-05975-WHA
3:16-cv-05972-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/01/17 Page
Page770
2 ofof3798
1 Malibu Media may not use any information disclosed by Comcast for any
purpose other than protecting its rights as set forth in the complaint.
2
Comcast shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on Comcast.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on Comcast. Comcast shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform Comcast if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides Comcast in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from Comcast (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
770
Case
Case
3:16-cv-05975-WHA
3:16-cv-05972-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/01/17 Page
Page771
3 ofof3798
1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
771
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 772 of 798
AO 88B (Rev.02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below
the following documents, electronically stored information, or objects, and permit their inspection,
copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:
IP Address Date/Time
UTC
98.248.91.69 06/20/2016
03:54:12
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated
premises, land, or other property possessed or controlled by you at the time, date, and location set
forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample
the property or any designated object or operation on it.
The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the
potential consequences of not doing so.
Date: 2/3/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues
or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly
Hills, CA 90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. testing, or sampling any or all of the materials or to
inspecting the premisesor to producing
(1) For a Trial, Hearing, or Deposition. A subpoena electronically stored information in the form or
may command a person to attend a trial, hearing, or forms requested. The objection must be served
deposition only as follows: before the earlier of the time specified for
(A) within 100 miles of where the person resides, compliance or 14 days after the subpoena is served.
is employed, or regularly transacts business in If an objection is made, the following rules apply:
person; or (i) At any time, on notice to the commanded
(B) within the state where the person resides, is person, the serving party may move the court for the
employed, or regularly transacts business in person, district where compliance is required for an order
if the person compelling production or inspection.
(i) Is a person's party's officer; or (ii) These acts may be required only as directed
(ii) Is commanded to attend a trial and would in the order, and the order must protect a person who
incur substantial expense. is neither a party nor a partys officer from
significant expense resulting from compliance.
(2) For Other Discovery: A subpoena may
command: (3) Quashing or Modifying a Subpoena.
(A) production of documents, electronically (A) When Required. On timely motion, the court for
stored information, or tangible things at a place the district where compliance is required must quash
within 100 miles of where the person resides, is or modify a subpoena that:
employed, or regularly transacts business in person;
and (i) fails to allow a reasonable time to comply;
(B) inspection of premises at the premises to be (ii) requires a person to comply beyond the
inspected. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(d) Protecting a Person Subject to a Subpoena; protected matter, if no exception or waiver applies;
Enforcement. or
(iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense;
Sanctions. A party or attorney responsible for (B) When Permitted. To protect a person subject to
issuing and serving a subpoena must take reasonable or affected by a subpoena, the court for the district
steps to avoid imposing undue burden or expense on where compliance is required may, on motion, quash
a person subject to the subpoena. The court for the or modify the subpoena if it requires:
district where compliance is required must enforce (i) disclosing a trade secret or other confidential
this duty and impose an appropriate sanction research, development, or commercial information;
which may include lost earnings and reasonable or
attorneys feeson a party or attorney who fails to (ii) disclosing an unretained experts opinion or
comply. information that does not describe specific
occurrences in dispute and results from the experts
(2) Command to Produce Materials or Permit study that was not requested by a party.
Inspection. (C) Specifying Conditions as an Alternative. In the
circumstances described in Rule 45(d)(3)(B), the
(A) Appearance Not Required. A person court may, instead of quashing or modifying a
commanded to produce documents, electronically subpoena, order appearance or production under
stored information, or tangible things, or to permit specified conditions if the serving party:
the inspection of premises, need not appear in person (i) shows a substantial need for the testimony or
at the place of production or inspection unless also material that cannot be otherwise met without undue
commanded to appear for a deposition, hearing, or hardship; and
trial. (ii) ensures that the subpoenaed person will be
(B) Objections. A person commanded to produce reasonably compensated.
documents or tangible things or to permit inspection
may serve on the party or attorney designated in the
subpoena a written objection to inspecting, copying, (e) Duties in Responding to a Subpoena.
Voluntary Dismissal: Plaintiff filed a voluntarily dismissal on April 18, 2017 because,
after an investigation, it appeared that the infringer was not the subscriber but instead, the
subscribers husband. However, Plaintiff could not successfully rule out the possibility
that the infringer was not the subscribers teenage son. Because it could have been either,
Plaintiff decided it was best not to pursue the case.
779
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 780 of 798
Case
Case
3:16-cv-05975-WHA
3:16-cv-05973-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/02/17 Page
Page781
1 ofof3798
1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-05973 WHA
11
United States District Court
Plaintiff,
12
For the Northern District of California
15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various
18 pornographic films and that John Doe defendant directly infringed those copyrights by
19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now
20 seeks leave to serve a subpoena on third-party AT&T Internet Services, in order to ascertain the
21 identity of the subscriber using that IP address prior to a Rule 26(f) conference.
22 Malibu Medias motion is hereby GRANTED. This is without prejudice to any motions
23 to quash or modify the subpoena that may be filed by any interested party, including AT&T or
24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:
25 The subpoena shall only request the actual name and address of the
subscriber to whom AT&T assigned the above-captioned IP address.
26 The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
Malibu Media shall attach a copy of this order to the subpoena.
781
Case
Case
3:16-cv-05975-WHA
3:16-cv-05973-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/02/17 Page
Page782
2 ofof3798
1 Malibu Media may not use any information disclosed by AT&T for any
purpose other than protecting its rights as set forth in the complaint.
2
AT&T shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on AT&T.
4
The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on AT&T. AT&T shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform AT&T if any such motion is filed.
8 Malibu Media shall not disclose defendants name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendants IP address, that it may subsequently
learn. All documents including defendants identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court
13 Unless otherwise provided, both sides may file under seal any of
defendants identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides AT&T in this matter.
17 Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendants identifying information from AT&T (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendants identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendants identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 If Malibu Media learns, whether through subpoena response or other
communication, that defendants IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.
26
27
28
2
782
Case
Case
3:16-cv-05975-WHA
3:16-cv-05973-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/02/17 Page
Page783
3 ofof3798
1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court
12
For the Northern District of California
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
783
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 784 of 798
AO 88B (Rev.02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
v.
Defendant.
[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below
the following documents, electronically stored information, or objects, and permit their inspection,
copying, testing, or sampling of the material:
Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:
IP Address Date/Time
UTC
99.47.68.147 06/20/2016
13:22:55
[ ] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises,
land, or other property possessed or controlled by you at the time, date, and location set forth below,
so that the requesting party may inspect, measure, survey, photograph, test, or sample the property
or any designated object or operation on it.
784
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 785 of 798
The following provisions of Fed. R. Civ. P. 45 are attached Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the
potential consequences of not doing so.
Date: 2/6/17
CLERK OF COURT
The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues
or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly
Hills, CA 90210 Telephone: (310) 734-4269- E-mail: henry@mosesi.com
785
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 786 of 798
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. testing, or sampling any or all of the materials or to
inspecting the premisesor to producing
(1) For a Trial, Hearing, or Deposition. A subpoena electronically stored information in the form or
may command a person to attend a trial, hearing, or forms requested. The objection must be served
deposition only as follows: before the earlier of the time specified for
(A) within 100 miles of where the person resides, compliance or 14 days after the subpoena is served.
is employed, or regularly transacts business in If an objection is made, the following rules apply:
person; or (i) At any time, on notice to the commanded
(B) within the state where the person resides, is person, the serving party may move the court for the
employed, or regularly transacts business in person, district where compliance is required for an order
if the person compelling production or inspection.
(i) Is a person's party's officer; or (ii) These acts may be required only as directed
(ii) Is commanded to attend a trial and would in the order, and the order must protect a person who
incur substantial expense. is neither a party nor a partys officer from
significant expense resulting from compliance.
(2) For Other Discovery: A subpoena may
command: (3) Quashing or Modifying a Subpoena.
(A) production of documents, electronically (A) When Required. On timely motion, the court for
stored information, or tangible things at a place the district where compliance is required must quash
within 100 miles of where the person resides, is or modify a subpoena that:
employed, or regularly transacts business in person;
and (i) fails to allow a reasonable time to comply;
(B) inspection of premises at the premises to be (ii) requires a person to comply beyond the
inspected. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(d) Protecting a Person Subject to a Subpoena; protected matter, if no exception or waiver applies;
Enforcement. or
(iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense;
Sanctions. A party or attorney responsible for (B) When Permitted. To protect a person subject to
issuing and serving a subpoena must take reasonable or affected by a subpoena, the court for the district
steps to avoid imposing undue burden or expense on where compliance is required may, on motion, quash
a person subject to the subpoena. The court for the or modify the subpoena if it requires:
district where compliance is required must enforce (i) disclosing a trade secret or other confidential
this duty and impose an appropriate sanction research, development, or commercial information;
which may include lost earnings and reasonable or
attorneys feeson a party or attorney who fails to (ii) disclosing an unretained experts opinion or
comply. information that does not describe specific
occurrences in dispute and results from the experts
(2) Command to Produce Materials or Permit study that was not requested by a party.
Inspection. (C) Specifying Conditions as an Alternative. In the
circumstances described in Rule 45(d)(3)(B), the
(A) Appearance Not Required. A person court may, instead of quashing or modifying a
commanded to produce documents, electronically subpoena, order appearance or production under
stored information, or tangible things, or to permit specified conditions if the serving party:
the inspection of premises, need not appear in person (i) shows a substantial need for the testimony or
at the place of production or inspection unless also material that cannot be otherwise met without undue
commanded to appear for a deposition, hearing, or hardship; and
trial. (ii) ensures that the subpoenaed person will be
(B) Objections. A person commanded to produce reasonably compensated.
documents or tangible things or to permit inspection
may serve on the party or attorney designated in the
subpoena a written objection to inspecting, copying, (e) Duties in Responding to a Subpoena.
786
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 787 of 798
787
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792
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793
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794
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795
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796
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