IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
August 21, 2012
AF HOLDINGS LLC, PLAINTIFF,
JOHN DOE, DEFENDANT.
The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge
Presently before the court is defendant John Doe's "revised motion to quash or vacate subpoena," filed August 7, 2012. Defendant has not noticed the motion for hearing. Defendant continues to decline to identify himself, despite the order of July 17, 2012, denying his motion to quash without prejudice. The court is unable to address the merits of the motion without defendant first identifying himself. Defendant's amended motion indicates that he may not have understood the meaning of that order. The court may only consider a future motion to quash if defendant states his name in an amended motion to quash. If he does so, then the court will consider the merits of his motion.
Accordingly, for the reasons stated in the order of July 17, 2012, IT IS ORDERED
1. Defendant Doe's revised motion to quash subpoena, filed August 7, 2012, (dkt. no. 13), is denied without prejudice.
2. The Clerk of the Court is directed to serve this order on Comcast Cable Communications LLC ("Comcast") or any other entity identified as providing internet services to John Doe at the IP address 126.96.36.199. Comcast, or any other ISP subpoenaed pursuant to this order, shall in turn serve a copy of this order upon the subscriber (John Doe) within 30 days from the date of service upon it. The ISP(s) may serve the subscriber using any reasonable means, including written notice sent to the subscriber's last known address, transmitted either by first-class mail or via overnight service.
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