Malibu Media, LLC v. Doe

Docket(#13) ORDER: Plaintiff Malibu Media, LLC (Malibu Media) seeks to serve a subpoena on Time Warner Cable, an internet service provider (ISP), in order to ascertain the identity of the John Doe defendant in this case. Plaintiff has made out a prima facie claim of copyright infringement and is entitled to serve a subpoena on Time Warner Cable in order to ascertain the identity of the defendant. The Court also concludes that there is good cause to issue a protective order in connection with this subpoena in light of the risk for false positive identifications that could result in annoyance, embarrassment, oppression, or undue burden or expense. Fed. R. Civ. P. 26(c). Accordingly, it is herebyORDERED that Malibu Media may serve a Rule 45 subpoena on Time Warner Cable, the ISP identified in its motion, to obtain information to identify John Doe, specifically her or his true name and current and permanent address. Plaintiff shall not subpoena the ISP for John Does email addresses or telephone numbers. The subpoena shall have a copy of this Order attached, along with the attached Notice to Defendant. IT IS FURTHER ORDERED that Time Warner Cable will have 60 days from the date of service of the Rule 45 subpoena upon them to serve John Doe with a copy of the subpoena, a copy of this Order, and a copy of the Notice to Defendant. The Order should be attached to the Notice to Defendant such that the Notice to Defendant is the first page of the materials enclosed with the subpoena. Time Warner Cable may serve John Doe using any reasonable means, including written notice sent to her or his last known address, transmitted either by first-class mail or via overnight service. IT IS FURTHER ORDERED that John Doe shall have 30 days from the date of service of the Rule 45 subpoena and this Order upon her or him to file any motions with this Court contesting the subpoena (including a motion to quash or modify the subpoena), as well as any request to litigate the subpoena anonymously. Time Warner Cable may not turn over John Does identifying information to Malibu Media before the expiration of this 30day period. Additionally, if John Doe or Time Warner Cable files a motion to quash the subpoena, Time Warner Cable may not turn over any information to Malibu Media until the issues have been addressed and the Court issues an Order instructing Time Warner Cable to resume in turning over the requested discovery. John Doe, should he or she move to quash the subpoena or to proceed anonymously, shall at the same time as her or his filing also notify Time Warner Cable so that it is on notice not to release any of John Does contact information to plaintiff until the Court rules on any such motions. IT IS FURTHER ORDERED that if that 30day period lapses without John Doe or Time Warner Cable contesting the subpoena, Time Warner Cable shall have 10 days to produce to the plaintiff the information responsive to the subpoena. IT IS FURTHER ORDERED that Time Warner Cable shall preserve any subpoenaed information pending the resolution of any timely-filed motion to quash.IT IS FURTHER ORDERED that Time Warner Cable shall confer with Malibu Media and shall not assess any charge in advance of providing the information requested in the subpoena. Should Time Warner Cable elect to charge for the costs of production, it shall provide a billing summary and cost report to the plaintiff.IT IS FURTHER ORDERED that Malibu Media shall serve a copy of this Order along with any subpoenas issued pursuant to this Order to Time Warner Cable.IT IS FURTHER ORDERED that any information ultimately disclosed to Malibu Media in response to a Rule 45 subpoena may be used by Malibu Media solely for the purpose of protecting Malibu Medias rights as set forth in its complaint. (Signed by Judge Denise L. Cote on 8/13/2018) (Attachment: #1 Notice to Defendant)(gr) (Entered: 08/13/2018)

Docket(#12) NOTICE of Related Cases. Document filed by Malibu Media, LLC. (Conway, Kevin) (Entered: 07/01/2018)

Docket(#11) DECLARATION of Tobias Fieser in Support re: #7 MOTION Leave to Serve a Third Party Subpoena Prior to a Rule 26(f) Conference .. Document filed by Malibu Media, LLC. (Attachments: #1 Exhibit A - Declaration in Support)(Conway, Kevin) (Entered: 07/01/2018)

Docket(#10) DECLARATION of Patrick Paige in Support re: #7 MOTION Leave to Serve a Third Party Subpoena Prior to a Rule 26(f) Conference .. Document filed by Malibu Media, LLC. (Attachments: #1 Exhibit A - Declaration in Support)(Conway, Kevin) (Entered: 07/01/2018)

Docket(#9) DECLARATION of Colette Pelissier in Support re: #7 MOTION Leave to Serve a Third Party Subpoena Prior to a Rule 26(f) Conference .. Document filed by Malibu Media, LLC. (Attachments: #1 Exhibit A - Declaration in Support)(Conway, Kevin) (Entered: 07/01/2018)

Docket(#8) MEMORANDUM OF LAW in Support re: #7 MOTION Leave to Serve a Third Party Subpoena Prior to a Rule 26(f) Conference . . Document filed by Malibu Media, LLC. (Conway, Kevin) (Entered: 07/01/2018)

Docket(#7) MOTION Leave to Serve a Third Party Subpoena Prior to a Rule 26(f) Conference . Document filed by Malibu Media, LLC. (Attachments: #1 Exhibit A - Declaration in Support)(Conway, Kevin) (Entered: 07/01/2018)

Docket(#6) AO 121 FORM COPYRIGHT - CASE OPENING - SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a court action has been filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. (pne) (Entered: 06/29/2018)

Docket(#5) NOTICE OF INITIAL PRETRIAL CONFERENCE (Notice): Initial Conference set for 9/14/2018 at 10:00 AM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 6/29/2018) (gr) (Entered: 06/29/2018)

Docket***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Kevin T. Conway. The party information for the following party has been modified: John Doe. The information for the party has been modified for the following reason: party text was omitted. (pne) (Entered: 06/22/2018)

DocketCase Designated ECF. (pne) (Entered: 06/22/2018)

DocketMagistrate Judge Debra C. Freeman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pne) (Entered: 06/22/2018)

DocketCASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Denise L. Cote. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pne) (Entered: 06/22/2018)

Docket(#4) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Malibu Media, LLC.(Conway, Kevin) (Entered: 06/21/2018)

Docket(#3) AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review. (Attachments: #1 Exhibit)(Conway, Kevin) (Entered: 06/21/2018)

Docket(#2) CIVIL COVER SHEET filed. (Conway, Kevin) (Entered: 06/21/2018)

Docket(#1) COMPLAINT against John Doe. (Filing Fee $ 400.00, Receipt Number 0208-15227929)Document filed by Malibu Media, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Conway, Kevin) (Entered: 06/21/2018)