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Af Holdings LLC v. John Doe

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


July 13, 2012

AF HOLDINGS LLC,
PLAINTIFF,
v.
JOHN DOE,
DEFENDANT.

[PROPOSED] ORDER GRANTING PLAINTIFF'S EX PARTE APPLICATION FOR LEAVE TO TAKE EXPEDITED DISCOVERY

AS MODIFIED HEREIN

ORDER GRANTING PLAINTIFF'S EX PARTE APPLICATION FOR LEAVE TO TAKE EXPEDITED DISCOVERY

The Court has reviewed the Complaint with attached Exhibits, Plaintiff's Ex Parte Application for Leave to Take Expedited Discovery and all the papers filed in connection with the 21 motion, and relevant case law. Accordingly, it is hereby

ORDERED that Plaintiff's Ex Parte Application for Leave to Take Discovery is GRANTED;

it is further

ORDERED that Plaintiff may immediately serve Rule 45 subpoena(s) to identify John Doe 25 associated with Internet Protocol ("IP") address listed in the Complaint, which are limited to the 26 following categories of entities and information: 27 From Internet Service Provider (ISP) identified in Plaintiff's Ex Parte Application for Leave to Take Expedited Discovery and any other entity identified as a provider of Internet services to John Doe in response to a subpoena or as a result of ongoing BitTorrent activity monitoring: information sufficient to identify John Doe associated with IP address listed in the Complaint, including name, current (and permanent)

address, telephone number, e-mail address, and Media Access Control address; it is further

ORDERED any information disclosed to the Plaintiff in response to a Rule 45 subpoena may 7 be used by the Plaintiff solely for the purpose of protecting Plaintiff's rights as set forth in its 8 Complaint; it is further 9

ORDERED that Plaintiff and any entity which receives a subpoena shall confer, if necessary, 10 with respect to the issue of payment for the information requested in the subpoena or for resolution 11 of IP addresses which are not controlled by such entity, duplicate IP addresses that resolve to the 12 same individual, other IP addresses that do not provide the name and other information requested of 13 a unique individual, or for the entity's internal costs to notify its customers; it is further

ORDERED that any entity which receives a subpoena and elects to charge for the costs of 15 production shall provide a billing summary and any cost reports that serve as a basis for such 16 billing summary and any costs claimed by such entity; it is further 17 ORDERED that Plaintiff shall serve a copy of this Order along with any subpoenas issued 18 pursuant to this Order; it is further

ORDERED that if any entity subpoenaed pursuant to this Order wishes to move to quash the 20 subpoena, it must do so before the return date of the subpoena, which shall be 30 days from the date

IT IS FURTHER ORDERED that, if after receiving notice of the subpoena, any defendant 21 of service; wishes to move to quash, that defendant also must do so before the return date of the subpoena. 22 Finally, it is

ORDERED that the subpoenaed entity shall preserve any subpoenaed information pending the resolution of any timely-filed motion to quash;

United States District Judge

20120713

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