Free Order on Ex Parte Application - District Court of California - California

Case 3:07-cv-03091-VRW

Document 7

Filed 06/21/2007

Page 1 of 3

1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Upon plaintiff's Ex Parte Application for Leave to Take Immediate Discovery, the Declaration of Carlos Linares, and the accompanying Memorandum of Law (doc ##4,5), it is hereby: ORDERED that plaintiffs may serve immediate discovery on University of California, Santa Cruz ("UC Santa Cruz") to obtain the identity of defendant John Doe by serving a Rule 45 subpoena that v JOHN DOE, Defendant. / UMG RECORDINGS, INC, a Delaware corporation; SONY BMG MUSIC ENTERTAINMENT, a Delaware general partnership; VIRGIN RECORDS AMERICA, INC, a California corporation; ATLANTIC RECORDING CORPORATION, a Delaware corporation; INTERSCOPE RECORDS, a California general partnership; ELEKTRA ENTERTAINMENT GROUP INC, a Delaware corporation; and WARNER BROS RECORDS INC, a Delaware corporation, Plaintiffs, No C 07-03091 VRW ORDER

Case 3:07-cv-03091-VRW

Document 7

Filed 06/21/2007

Page 2 of 3

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

seeks documents that identify defendant John Doe, including the name, current (and permanent) address and telephone number, e-mail address, and Media Access Control ("MAC") address. The disclosure

of this information is ordered pursuant to 47 USC § 551(c)(2)(B). IT IS FURTHER ORDERED that any information disclosed to plaintiffs in response to the Rule 45 subpoena may be used by plaintiffs solely for the purpose of protecting plaintiffs' rights under the Copyright Act, 17 USC § 101 et seq. IT IS FURTHER ORDERED that, if and when UC Santa Cruz is served with a subpoena, within five (5) business days thereof it shall give written notice, which can include use of e-mail, to the subscribers whose identities are to be disclosed in response to the subpoena. If UC Santa Cruz, and/or any defendant wishes to move to

quash the subpoena, they shall do so before the return date of the subpoena, which shall be twenty-five (25) business days from the date of service. IT IS FURTHER ORDERED that, if and when UC Santa Cruz is served with a subpoena, UC Santa Cruz shall preserve the data and information sought in the subpoena pending resolution of any timely filed motion to quash. IT IS FURTHER ORDERED that counsel for plaintiffs shall provide a copy of this Order to UC Santa Cruz when the subpoena is served.

IT IS SO ORDERED.

VAUGHN R WALKER United States District Chief Judge 2

Case 3:07-cv-03091-VRW

Document 7

Filed 06/21/2007

Page 3 of 3

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3