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Harmeet K. Dhillon v. Doe 1

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division


April 9, 2013

HARMEET K. DHILLON,
PLAINTIFF,
v.
DOE 1, AN UNKNOWN INDIVIDUAL, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Judge Spero R Joseph Honorable Judge of the United States District Court, Northern District of California

AMENDED*fn1 [PROPOSED] ORDER GRANTING PLAINTIFF'S EX PARTE APPLICATION FOR LEAVE TO TAKE LIMITED DISCOVERY PRIOR TO A RULE 26(f) CONFERENCE

The Court, having reviewed Plaintiff's Ex Parte Application for Leave to Take Limited Discovery Prior to a Rule 26 Conference and the supporting documents 3 submitted therewith, and good cause appearing therefore, hereby grants Plaintiff's Ex 4 Parte Application and orders as follows: 5

6 discovery on New Dream Network, LLC, on behalf of DreamHost, in order to obtain 7 the identity of the Doe Defendants listed in Plaintiff's Complaint by serving a Rule 45 8 subpoena that seeks information sufficient to identify each such Defendant, including 9 the account information for the domain name "Mungergames.net," hosted by 10 DreamHost, and the name, addresses, telephone numbers, and email addresses of each 11 such Defendant. 12 13 in substantially the same form as the example attached as Exhibit 1 to Plaintiff's Ex Parte 15

1. IT IS HEREBY ORDERED that Plaintiff is allowed to serve immediate

2. IT IS FUTHER ORDERED that Plaintiff's counsel shall issue subpoena(s)

Application for Leave to Take Limited Discovery Prior to a Rule 26 Conference, with 16 each subpoena including a copy of this Order. 17

18 days from the date of service upon it to serve each entity or person whose information 19 is sought with a copy of the subpoena and a copy of this Order. New Dream Network, 20 LLC may serve the entities and persons using any reasonable means, including written 21 notice sent to the entity's or person's last known address, transmitted either by first-22 class mail or overnight service. 23

3. IT IS FURTHER ORDERED that New Dream Network, LLC, will have 30

4. IT IS FURTHER ORDERED that each entity and person and New Dream

Network, LLC, will have 30 days from the date of service upon him, her, or it to file any 25 motions in this court contesting the subpoena (including a motion to quash or modify 26 the subpoena). If that 30-day period lapses without the entity contesting the subpoena,

New Dream Network, LLC, shall have 10 days to produce to Plaintiff the information 2 responsive to the subpoena with respect to that entity. 3

5. IT IS FURTHER ORDERED that, because no appearance by a person at a 4 deposition is required by the subpoena, instead only production of documents, records 5 and the like is required, the witness and mileage fees required by Rule 45(b)(1) of the 6

Federal Rules of Civil Procedure do not apply and no such fees need be tendered. 7

6. IT IS FURTHER ORDERED that New Dream Network, LLC, shall not

8 assess any charge to the Plaintiff in advance of providing the information requested in 9 the subpoena, and that if New Dream Network, LLC, elects to charge for the costs of 10 production, it shall provide a billing summary and cost reports that serve as a basis for 11 such billing summary and any costs claimed by such recipient. 12 13

7. IT IS FURTHER ORDERED that New Dream Network, LLC, shall

preserve all subpoenaed information pending its delivering such information to 15

Plaintiff or the final resolution of a timely filed and granted motion to quash the 16 subpoena with respect to such information. 17

8. IT IS FURTHER ORDERED that any information disclosed to Plaintiff in 18 response to a subpoena may be used by Plaintiff solely for the purpose of protecting its 19 rights under the Copyright Act, 17 U.S.C. § 101 et seq, and may not be disclosed to 20 anyone other than the parties in this action and their counsel of record pending further 21 order of this Court.

IT IS SO ORDERED. S


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