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Openmind Solutions, Inc v. Does 1 -- 2925
February 10, 2011
OPENMIND SOLUTIONS, INC.,
DOES 1 -- 2925, INDIVIDUALLY, AND AS REPRESENTATIVES OF A CLASS DEFENDANTS
The opinion of the court was delivered by: Stephen C. WilliamsUnited States Magistrate Judge
ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO TAKE DISCOVERY PRIOR TO RULE 26(f) CONFERENCE
The Court has reviewed the Complaint with attached Exhibits, Plaintiff's Ex Parte Motion 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 Motion for Leave to Take Discovery Prior to Rule 26(f) Conference is GRANTED; it is further ORDERED that Plaintiff may immediately serve Rule 45 subpoenas, which are limited to the following categories of entities and information:
From Internet Service Providers (ISPs) identified in the Exhibit A attached to the Complaint and any other entity identified as a provider of Internet services to one of the Doe Defendants in response to a subpoena or as a result of ongoing BitTorrent activity monitoring until the class is certified: information sufficient to identify each Defendant, 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 any entity which receives a subpoena shall not assess any charge to the Plaintiff in advance of providing the information requested in the subpoena or for 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 furtherORDERED 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 furtherORDERED that Plaintiff shall serve a copy of this Order along with any subpoenas issued pursuant to this Order; it is furtherORDERED 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.
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