Free Motion for Discovery - District Court of Delaware - Delaware

Case 1 :07—cv—00772-G|V|S—IV|PT Document 2 Filed 1 1/28/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE ‘

ARISTA RECORDS LLC, a Delaware ) CIVIL ACTION No.
iirnited iiability company; ATLANTIC )
RECORDING CORPORATION, a )
Delaware corporation; CAPITOL )
RECORDS, INC., a Delaware corporation; )
ELEKTRA ENTERTAINMENT GROUP )
INC., a Delaware corporation; )
INTERSCOPE RECORDS, a California )
general partnership; LOUD RECORDS )
LLC, a Delaware corporation; MOTOWN )
RECORD COMPANY, L.P., a California )
limited partnership; SONY BMG MUSIC )
ENTERTAINMENT, a Delaware general )
partnership; UMG RECORDINGS, INC., a )
Delaware corporation; WARNER BROS. )
RECORDS INC., a Delaware corporation; )
and ZOMBA RECORDING LLC, a )
Delaware limited liability company, )
)
Plaintiffs, )
)
_ vs. )
>
DOES l - 3, ) .
)
i Defendants. )
E APPLICATION FOR LEAVE TO TAKE IMMEDIATE DISCOVERY
Plaintiffs, through their undersigned counsel, pursuant to Federal Rules of Civil
Procedure 26 and 45, the Declaration of Carios Linares, and the authorities cited in the
E supporting Memorandum of Law, hereby apply for an Order permitting Plaintiffs to take
immediate discovery.
In support thereof, Plaintiffs represent as follows:

Case 1:07—cv—00772-G|V|S—IV|PT Document 2 Filed 11/28/2007 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 Befendants, without authorization,
used an online media distribution system to download Piaintiffs’ 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 Befendant by a unique internet Protocol
(“lP") address assigned to that Befendant 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 Defendant’s true name, cturent (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.
Q 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.
E 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
p Clerk of Couit pursuant to Fed. R. Civ. P. 5(b)(2)(C) ("lf the person served has no known
. address, [service under Rule 5(a) is made by] leaving a copy with the clerk ofthe court.") and
Q will serve the Doe Defendants’ ISP with a copy of this rnotion. Additionally, if the Court grants
this motion, Plaintiffs will ask the ISP to notify each ofthe Doe Defendants ot` the subpoena and
provide them with an opportunity to obj ect.

Case 1:07—cv—00772-G|V|S—IV|PT Document 2 Filed 11/28/2007 Page 3 of 3
WHEREFORE, Plaintiffs apply for an Order permitting Plaintiffs to conduct the
foregoing requested discovery immediately.
DATED: November 28, 2007 { I; ff
Robert S. Goldman (DE Bar No. 2508)
Lisa C. McLaughlin (IDE Bar No. 31 13)
PHILLIPS, GOLDMAN & SPENCE, P.A.
1200 North Broom Street
Wilmington, Delaware 19806
(New Castle Co.)
Telephone; 302—655—4200
Telecopier; 302——655—4210
Attorneys for Plaintiffs ARISTA
RECORDS LLC; ATLANTIC
RECO@ING CORPORATION;
CAPITOL RECORDS, INC.; ELEKTRA
ENTERTAINMENT GROUP INC.;
INTERSCOPE RECORDS; LOUD
RECORDS LLC; MOTOVVN RECORD
COMPANY, L.P.; SONY BMG MUSIC
ENTERTAINMENT; UMC}
RECORDINGS, INC.; WARNER BROS.
RECO@S INC.; and ZOIVIBA
I RECORDING LLC

Case 1:07-cv-00772-GMS-MPT

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