Free Motion for Discovery - District Court of Delaware - Delaware

Case 1 :07—cv—00771-G|V|S—IV|PT Document 2 Filed 11/28/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
POR THE DISTRICT OF DELAWARE

ARISTA RECORDS LLC, a Delaware ) CIVIL ACTION No.
limited liability company; BMG MUSIC, a )
New York general partnership; CAPITOL )
RECORDS, INC., a Delaware corporation; )
ELEKTRA ENTERTAINMENT GROUP )
INC., a Delaware corporation; )
INTERSCOPE RECORDS, a California )
general partnership; LAPACE RECORDS )
LLC, a Delaware limited liability company; )
MAVERICK RECORDING COMPANY, a )
California joint venture; MOTOWN )
RECORD COMPANY, L.P., a California )
limited partnership; SONY BMG MUSIC )
ENTERTAINMENT, a Delaware general )
partnership; UMG RECORDINGS, INC., a )
Delaware corporation; VIRGIN RECORDS )
AMERICA, lNC., a California corporation; )
WARNER BROS. RECORDS INC., a )
Delaware corporation; and ZOMBA )
RECORDING LLC, a Delaware limited )
liability company, )
)
? Plaintiffs, )
, I
* vs. )
)
DOES l - 5, )
; )
Defendants. )
i APPLICATION FOR LEAVE TO TAKE IMMEDIATE DISCOVERY I
_ Plaintiffs, through their undersigned counsel, pursuant to Federal Rules of Civil
Procedure 26 and 45, the Declaration of Carlos 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—00771-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 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 Defendanfs infringing
activity.
3. Plaintiffs intend to serve a Rule 45 subpoena on the ISP seeking
documents that identify each Defendant’s 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(D conference where there are no known defendants with whom to confer.
1 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)(C) ("lf the person served has no known
address, [service under Rule 5(a) is made by] leaving a copy with the clerk of the court.") and
will serve the Doe Det`endants’ 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.
2

Case 1:07—cv—00771-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 [’V`/6/j Q ’ gill)
Robert S. Goldman (DE Bar No. 2508)
Lisa C. McLaughlin (DE Bar No. 31}.3)
_ PHILLIPS, GOLDMAN & SPENCE, RA.
1200 North Broom Street
Wilmington, Delaware 19806
(New Castle Co.)
Telephone: 302—655—4200
Telecopier: 302-655—42 1 0
Attorneys for Plaintiffs ARISTA
RECORDS LLC; BMG MUSIC;
CAPITOL RECORDS, INC.; ELEKTRA
ENTERTAINMENT GROUP INC.;
INTERSCOPE RECORDS; LAFACE
P RECORDS LLC; MAVERICK
RECORDING COMPANY; MOTOWN
RECORD COMPANY, L.P.; SONY BMG
MUSIC ENTERTAINMENT; UMG
RECORDINGS, INC.; VIRGIN
RECORDS AMERICA, INC.; WARNER
EROS. RECORDS INC.; and ZOMBA
RECORDING LLC
3

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