Free Motion for Miscellaneous Relief - District Court of Delaware - Delaware

Case 1 :08-cv-00381-SLR Document 2 Filed 06/25/2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
POR THE DISTRICT OF DELAWARE

BMG MUSIC, a New York general ) CIVIL ACTION No.
partnership; ARISTA RECORDS LLC, a )
Delaware limited liability company; )
ATLANTIC RECORDING )
CORPORATION, a Delaware corporation; )
CAPITOL RECORDS, LLC, a Delaware )
limited liability company; ELEKTRA )
ENTERTAINMENT GROUP INC., a )
Delaware corporation; INTERSCOPE )
RECORDS, a California general )
partnership; LAFACE RECORDS LLC, a )
Delaware limited liability company; LAVA ).
RECORDS LLC, a Delaware limited ) .
liability company; MOTOWN RECORD )
COMPANY, TAP., a California limited )
partnership; SONY BMG MUSIC )l
ENTERTAINMENT, a Delaware general )
partnership; UMG RECORDINGS, INC., a )
Delaware corporation; and WARNER )
BROS. RECORDS INC., a Delaware )'
corporation, )
)
Plaintiffs, )·’
I
vs. )
)
_ DOES l — 4, )
)
Defendants. )
APPLICATION FOR LEAVE TO TAKE IMMEDIATE DISCOVERY
Plaintiffs, through their undersigned counsel, pursuant to Federal Rules of Civii
Procedure 26 and 45, the Declaration of Carlos Linares, andthe authorities cited in the
supporting Memorandum of Law, hereby apply for an Order permitting Plaintiffs to take
immediate discovery.
ln support thereof, Plaintiffs represent as follows:

Case 1:08-cv-00381-SLR Document 2 Filed 06/25/2008 Page 2 of 3
l. Plaintiffs, record companies who own the copyrights in the most popular
sound recordings in the United States, seek leave of the Court to serve limited, immediate
discovery on a third party internet Service Provider (“ISP”) to determine the true identities of
Doe Defendants, who are being sued for direct copyright infringement.]
2. As alleged in the complaint, the Doe Defendants, without authorization,
used an online media distribution system to download Plaintiffs’ copyrighted works and/or
distribute copyrighted works to the public. Although Plaintiffs do not know the true names of
the Doe Defendants, Plaintiffs have identified each Defendant by a unique Internet Protocol
("IP”) address assigned to that Defendant on the date and time of that Defendant’s infringing
activity.
3. Plaintiffs intend to serve a Rule 45 subpoena on the ISP seeking
documents that identify each Defendanfs true name, current (and permanent) addresses and
telephone numbers, e——mail addresses, and Media Access Control (“MAC") addresses. Without
this information, Plaintiffs cannot identify the Doe Defendants or pursue their lawsuit to protect
their copyrighted works from repeated infringement.
4. Good cause exists to allow Plaintiffs to conduct this limited discovery in
advance of a Rule 26(f) conference where there are no known defendants with whom to confer.
I Because Plaintiffs do not yet know the Doe Defendants true identities, Plaintiffs are
unable to personally serve them with a copy of this motion. instead, Plaintiffs will serve the
Clerk of Court pursuant to Fed. R. Civ. P. 5(b)(2)(D) (“A paper is served under this rule by . . .
leaving it with the court clerk if the person has no known address?) and will serve the Doe
Defendants’ ISP with a copy of this motion. Additionally, if the Court grants this motion,
Plaintiffs will ask the ISP to notify each of the Doe Defendants of the subpoena and provide
them with an opportunity to object.
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Case 1:08-cv-00381-SLR Document 2 Filed 06/25/2008 Page 3 of 3
WHEREFORE, Plaintiffs apply for an Order permitting Plaintiffs to conduct the
foregoing requested discovery immediately.
DATED: June 25, 2008 ( l» { Q
obert S. Goldman (DE Bar No. 2508)
Lisa C. McLaughlin (DE Bar No. 3l I3)
PHILLIPS; GOLDMAN & SPENCE, P.A.
i200 North Broom Street
Wilmington, Delaware 19806
(New Castle Co.)
Telephone: $02-6554200
Telecopier: 302-65 5-42lO
Attorneys for Plaintiffs BMG MUSIC;
ARISTA RECORDS LLC; ATLANTIC
RECORDING CORPORATION;
CAPITOL RECORDS, LLC; ELEKTRA
ENTERTAINMENT GROUP INC.;
INTERSCOPE RECORDS; LAPACE
RECORDS LLC; LAVA RECORDS LLC;
MOTOWN RECORD COMPANY, L.P.;
SONY BMG MUSIC ENTERTAINMENT;
UMG RECORDINGS, INC.; and
WARNER BROS. RECORDS INC.
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