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Case 2:12-cv-05725-JFW-JEM Document 7 Filed 07/11/12 Page 1 of 3 Page ID #:97



Brett L. Gibbs, Esq. (SBN 251000)
Of Counsel to Prenda Law Inc.
38 Miller Avenue, #263
Mill Valley, CA 94941
415-325-5900
[email protected]

Attorney for Plaintiff









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IN THE UNITED STATES DISTRICT COURT FOR THE

CENTRAL DISTRICT OF CALIFORNIA



AF HOLDINGS LLC,




Plaintiff,











JOHN DOE,





Defendant.




ORDER GRANTING PLAINTIFF’S EX PARTE APPLICATION FOR LEAVE

Case No. 2:12-cv-05725-JFW-JEM



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





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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 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 associated with Internet Protocol (“IP”) address listed in the

Complaint, limited to the following categories of entities and information:







Case 2:12-cv-05725-JFW-JEM Document 7 Filed 07/11/12 Page 2 of 3 Page ID #:98



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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 be used by the Plaintiff solely for the purpose of protecting Plaintiff’s

rights as set forth in its Complaint; it is further



ORDERED that Plaintiff and any entity which receives a subpoena shall confer,

if necessary, with respect to the issue of payment for the information requested in the

subpoena or for resolution of IP addresses which are not controlled by such entity,

duplicate IP addresses that resolve to the same individual, other IP addresses that do

not provide the name and other information requested of 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 production shall provide a billing summary and any cost reports that serve

as a basis for such

billing summary and any costs claimed by such entity; it is further



ORDERED that Plaintiff shall serve a copy of this Order along with any

subpoenas issued pursuant to this Order; it is further

[PROPOSED] ORDER GRANTING APPLICATION FOR EXPEDITED DISCOVERY No. 2:12-cv-05725-JFW-JEM

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Case 2:12-cv-05725-JFW-JEM Document 7 Filed 07/11/12 Page 3 of 3 Page ID #:99





ORDERED that if any entity subpoenaed pursuant to this Order wishes to move

to quash the subpoena, it must do so before the return date of the subpoena, which

shall be 30 days from the date of service;



Finally, it is ORDERED that the subpoenaed entity shall preserve any

subpoenaed information pending the resolution of any timely-filed motion to quash;



DATED: July 11, 2012



_________________________
United States Magistrate Judge

[PROPOSED] ORDER GRANTING APPLICATION FOR EXPEDITED DISCOVERY No. 2:12-cv-05725-JFW-JEM

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