IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
October 4, 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 third motion to quash subpoena, and request for clarification of this court's prior orders. This motion is denied as it is in contravention of this court's prior orders, issued July 17 and August 22, 2012, both of which denied John Doe's previous motions to quash.
In regard to Doe's request for clarification, he is informed that he has two choices. He can either identify himself and have the court entertain his motion to quash, which will indeed have the same effect as granting, in part,*fn1 plaintiff's motion for expedited discovery. Or, defendant can elect to stop his attempts to quash discovery, and wait to see if plaintiff is able to determine his identity through discovery. Defendant is informed for the last time that he will not be able to litigate his motion anonymously in order to protect a litigation advantage, i.e., if he wins the motion, he will not be identified, and if he loses the motion, he will not be directly identified at that time. The court will not take the position at this time that plaintiff's claims are frivolous and that defendant requires protection from them. While such an outcome is a possibility, it would be entirely improper to prejudge the outcome at this point.
Accordingly, IT IS ORDERED that:
1. Defendant Doe's revised motion to quash subpoena, filed September 27, 2012, (dkt. no. 19), 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.