Killer Joe Nevada, LLC v. Does 1-32, No. 1:2013cv01492 - Document 5 (N.D. Ga. 2013)

Court Description: ORDER AND OPINION directing the plaintiff to immediately contact the ISPs to rescind and withdraw previously-issued subpoena for each such defendant. Any information that plaintiff may have obtained through these previously-issued subpoenas must be r eturned. Plaintiff shall ensure that this information is communicated to each ISP by June 25, 2013 and shall report back to the Court by July 1, 2013, providing copies of these letters to each ISP, as well as a report as to its compliance with this Order. Signed by Judge Julie E. Carnes on 6/18/13. (Attachments: # 1 Attachment 1, # 2 Attachment 2, # 3 Attachment 3, # 4 Attachment 4)(ddm)
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Killer Joe Nevada, LLC v. Does 1-32 Doc. 5 Att. 2 NE&TO 650 Centerton Road MOOrestoW1l. NJ 08057 866-947-8572 Tel 866-947-5587 Pax c"":OMCAST June 12, 2013 Personal and Confidential Viti UPS & USPS Delivery Re: Killer Joe Nevada, ILC v. Does 1-57 United States District Court for the Northern District of Georgia Docket No.: 1:13-cv-01527 Order Entered: May 8, 2013 Corneast File #: 478362 De~ Killer Joe Nevada. LLC has filed a federal lawsuit in the United States District Court for the Northern District of Georgia. You have been identified in our records via your assigned Internet Protocol ("IP") address, which. is unique teeachintemet user, in this lawsuit for allegedly Killer Joe Nevada, LLC's copyrights on the Internet by uploading or downloading content without permission. This was allegedly done using a device assigned the IP address 24.126.148.38 on OU1212013 07:02:55 AM GMT. The court has ordered Corneast to supply your name, address and other information Killer. Joe Nevada, LLC in the attached Order and accompanying Subpoena. The case has been assigned Docket Number 1:13-cv~01527 by the court. If you have any questions about the lawsuit. you should consult an att.omey inunediately. Comcast cannot and wiD not Rrovide aoy legal advice. COInCaSt.will provide. your name, address, and other inf~tion as directed in the Order and Subpoena unless YQU or your attorney file a protective motion to quash or vacate the Subpoena in the court where the s~J?oena was issued no later than .filly 15, 2013. If you make this fUing. you must notify Corneast in writing with a copy arid proof of filing by sending it via fax to (866) 947-5587 no later .July 15, 2013. Please no~~thal Comcast cgQt accept or file any legal. action on your behalf'. If you do not file a motion to quash or lAAn vcacate the Subpoena by this 4ate~ OI: if you fail to notify Corneast of your filing by this date. Corneast will provide your name, address and oth~ information as directed in ~e Order to. the Plaintiff. If you have l~gal questio.ns about this matter, please contact an attemey. Sincerely yours, Comcast Legal Response Center Attaclunents:. Copy of Subpoena and accompanying Court Order regarding civil action Attachment #2 Dockets.Justia.com ',. , . NO I? Address 2 173.15.210.225 1 71.59.24.241 3 98.251.31.41 4 24.126.249.105 6 24.126.157.38 11 76.17.102.161 1398.252.204.227 1467.191.179.70 15 98.251.114.196 17 24.126.245.62 20 24.98.166.128 21 67.166.225.147 22 67.191.207.140 24 27 98.252.162.186 2876.105.82.212 39 24,99.37.233 30 71.204.12.126 31 71.199.169.142 33 24.3032.31 34 67.191.166.140 3S 71.59.55.86 36 24.98.65.l64 40 66.56.15.115 42 98.251.41.99. 4398.242.64.207 44 76.97.209.40 45 50.150.15.163 46 24.98.74.222 47 98.251.25.191 4824.98.102.217 5076.20.253.183 51 24.98.127.18 53 76.122.87.67 54 24.126.241.100 55.98.251.33.228 57 98.251.88.191 P2PClient SoMud 1.3.6.0 BltTorrent 7.7.3 I1Torrent 3.2.2 J,lTorrent 3.0.0 Vuze 4.8.0.0 IlTorrent 3.2.3 81tComet 1.32 IlTorrent 3.2.3 Vuze 4.8.1.2 Vuze 4.8.0.0 Vuze 4.8.0.0 BitTorrent 7.3.5 IlTorrent 3.2.3 Vuze 4.5.0.4 HitDateUTC (MM/DD!yy).ISP 01/16/2013 03;13:00 AM Comcast 8us. 01/12/2013 06:51:20 PM ComeastCabie 01/16/2013 02:11:41 AM Comeast Cable 01/16/2013 01:59:43 AM Comcast Cable 01/lS/2013 06:22:06 PM Co.mcast Cable 01/14/2013 10:29:49'PM Comcast Cable 01/14/2013 02:14:51 PM ComcastCable 01/14/2013 09:39:31 AM ComeastCable 01/14/201303:19:02 AM Coment Cable 01/14/2013 02:04:49 AM Comeast Cable 01/12./2013 11:45:04 PM Comeast Cable 01/16/201308:01:29 PM ComcastCabie 01/12./2013 05:09:14 PM Comcast Cable 07:05:44 AM Comcast Cable city District Province Acworth GecrCla Northern Cobb Alpharetta Georgia Northern fulton Atlanta Georgia Northern DeKalb Canton Georgia Northern Cherokee Atlanta Georgia Northern DeKalb Conyers Georsl!! Northern Rockdale Riverdale Georgia NorthernOayton Marietta Georgia Northern Cobb Atlanta Georgia Northern DeKalb Atlanta Georgia Northern DeKalb Atlanta Georgia Northern o.Kalb Rillerdale Georgia Northern Clayton Morrow Georgia Northern Clayton Stone Moun Georgia Northern DeKalb BitTorrent 7.7.3 01/11/201310:19;27 PMComeast ~ble BltTorreot7.2.1 OUl1/2013 08:49:47 PM ComeastCabie Vuze 4.8.1.2 01/11/201S 08:26:52 PM Comcast Cable BltComet 1.34 01/11/2013 02:15:29 PM Comeast ~blj! Vuze 4.5.0.4 01/11/2013 02:00:40 PM Comeast ~ble I1Torrent 3.1.3 01/11/2013 03:38:17 AM Comcast Cable I1Torrent 3.2.3 01/11/201302:28:30 AM COlnCast Cable I1Torrent 3.2.3 01/11/201302:29:50 AM Corncast ~ble BitTorrent 7.7.0 01/11/2013 02:02:40 AMComclI~ Cable Vuze 4.5.0.4 01/11/201312:26:41 AM Comcast Cable Vuze 4.7.0.2 01/10/2013 10:56:53 PM Comeast cable IlTorrent Mac 1. 01/10/201309-.32:40 PM Comcastcable IlTorrent 3.2.3 01/10/201308:11:51 PM Comeast Cable BitTorrent 7.1.0 01/10/2013 07:59:35 AM Comcast Cable I1Torrent 3.2.2 01/10/201307;16:27 AM Comast Cable Vuze 4.8.0.0 01/10/2013 05:24:45 AM Comeast Cable I1Torrent3.2.0 01/10/201304:12:36 AM ComeastCable BltTorrent7.7.3 01/10!2013 01:49:52 AM ComeastCable ~Torrent 3.2.0 01/10/2013 01:29:44 AM Comeast cable Vuze4.5.0.4 01/09/201309:12:53 PM Comcast Cable Vuze 4.8.0.0 01/09/201306:46:31 PM Corrieast Cable IlTorrent 3.2.0 01/09/2013 04:53:35 PM Comcast Cable BitTorrent 7.6.0 01/09/201307:58;53 AM Comeast Cable ~Ihoun Georgia Northern Gordon Tucker Georgia Northern o.Kalb Morrow . Georgia Northern Clayton Atlanta Georgia Northern DeKalb loganville Georgia Northern Gwlnnett loganvllle Georgia Northern Gwlnnett Loganville Georgia Northern Gwlnnett Calhoun Georgia Northern Gordon Atlanta Georgia Northern DeKalb Decatur Georgia Northern DeKalb Stone Moun Georgia Northern DeKalb Atlanta Georgia Northern DeKalb Atlanta Georgia Northern DeKalb Smyrna Georgia Northern Cobb Dllcula Georgia Northern Gwlnnett Griffin Georgia Northern Spalding Atlanta Georgia Northern DeKaib Decatur Georgia Northern DeKalb Atlanta Georgia Northern DeKalb Atlanta Georgie Northern DeKalb Conyers . Georgia Northern Rockdale Atlanta Georgia Northern DeKalb Atlanta Georgia Northern DeKalb · . AO 88B (Rev 061(9) Subpoena to ProduceDocuments,lnformation. or Objects or to Permit Inspection of ?r"emises in a Civil Action UNITED STATES DISTRICT COURT for the Northern District ofGeorgia KILLER JOE NEVADA. LLC Pl8Jruifl v. DOES 1-57 ) ) ) ) ) ) Civil Action No. 1:13-CV..Q1527-JEC Of the action is pending in another district, state whl:re: SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A ClVILACfION To: Custodian of Records, Comcast Cable Communications Management, LLC g Production: YOU ARE COMMANDED to produc~ at the time, date, and place set forth below th.e following documents, electronically stored information, or objects, and permit their inspection, copying, testing, or sampling of the material:. described in Exhbit A attached hereto ~.----------------------------------------~----~~-------------------------. Place: Via mall to 2849 Paces Feny Roa<:l. Suite 640, Atlanta, GA 30339 OR email atmgarTble@kanclarklaw.com Date and Time: 09/30/2013 12:00 pm a Inspection ofPremises: YOU A.J.lE COMMANDED to permit entry onto the designated premises. land. or other property possessed or controlled by you at the time, date, and location Set forth below, so that the requesting party may inspect, measure, survey. photograph. test, or sample tbe property or any designated object or operation on it. I Date ..d Time; The provisions of Fed. R. Civ. P. 45{c), relating to your protection as a person subject to a subpoena, and Rule 45 (d) and (e). relating to your duty to respond to this subpoena and the potential consequences of not doing so, are attached. Date: 0512012013 CLERK OF COURT OR Sig1ltlture ofClok or Deputy Cleric. The name, address, e-mail, and telephone number of the attorney representing (name ofpany) Plaintiff Killer Joe . Nevada, LLC ¢ who issues or requests this subpoena, are: Alan Kan, Kan & Clark LLP, 2849 Paces Ferry Rei Suite 640, Atlanta, GA 30339, akan@kanclarklaw.com, 678-298-7911 '. AO &8B (Rev. 06109) Subpoena to Produce Documents, Information, or Objects Of to Permit ln3pec1i0ll ofPlemlse!; in a Civil Aetioll(Page 3) Federal Rule oCCivil Procedure 45 (c), (d), and (c) (Effective 12/1/07) (c) ProIeetiDg a PersoD SlIt,jed: to a Subpoena. (1) A"aiding Undue Burden or Erpens'i Sonctions. A party Of (d) Duties in Respondiog to a Subpeena. (1) Protiueing Documsntsor EltctrollicDlIy Stored In/ormation. attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The issuing court must el)furce this duty and impose an appropriate sanction - wllien may include lost earnings and reasonable attorney's fees-on a party or attorney who wls to comply. (2) COmmtUltl to Protlru:fI Materials or Permit 1nspectJo1l.. (A) Appearance.N()(; RequiTed. A person commanded to produce documents, electroni~l)' stored Information, or tangible things, or to permit the inspection of premises. need not appear in person at the place ofproduction or inspection unless also comrnandedto appear for a deposition. hearing, or trial. (D) Objections. A person commanded to produce documents or tangible things or to permit inspection may servc on the party or attorney deJignated in the subpoena a written objection to inspecting, copying, testing or sampling any or all olthe materials or to inspecting the premises -.of to producing electronically stored information in the form or forms requested. The objeotion muat be servcdbefurc the earlier ofthe time specified for compliance or 14 daysafle:r the subpoena is served. If an objc:etion is made. the following rules appJy: (i) At any lime, on notice to the commanded person, the serving party may move the issuing court for an order compelling production or inspection. (0) These acts may be required only as directed in the oreier, and t.1e order must protect a person who is neither a party nora party's officer· from significant expense resulting from compliance. (3) (J,lUUhing or Modif1lng nSubpoena. (A) When Required. On timelY motion, the issuing court must quash or modify a subpoena that: (i) flUls to allow a reasonable time to comply; (ii) reqWtellll person who is neither a patty nor a.party's officer to travel more than 100 miles fi.om where that person resides, is employed" or regularly transacts business in person - ex.cept that, subject to Rule 45(c:)(3)(B)(ii1). the person may be commanded to attend a trial by traveling from any such plaee within the: state where . the trial is held; (iii) requires disclosure ofprivileged or other protected matter, if no exception or waiver applies; or (Iv) subjects a person to undue burden. (8) When Permitted. To protect a person subject to or affected by !l subpoena, the issuing court may, on motion, quash or modii)! the subpoena if it requires: (i) disclosing a tradc secret or ollier confidential research, development, or commercial information; (Ii) disclo~ing an unretained expert's opinion or information that does not describe specific occurrences. in dispute and results from These procedures apply to producing documcnts or electronically stored informalion: (A) Dor::#r1W'Its. A pcrson respondillg 10 a subpoena to produce documents mw:t produce them as they are kept in the ordinary C:OUlSe ofbusincss or must organize and label them to correspond to the categories in the demand. (B) Form for Pl'Oducing Elecrronkally Stored Information Not Specified; lfa: subpoena does not specity alorm for producing eleetronically stored information, the person responding must produce it in a form or forms in which it is ordinarily maintained or in a reasonably .usable form or fonns. (C) Electronically Storedlrrj'ortntnicn Produced in Only One Form. the person responding need not produce the same electronically stored information in more than one form. (D) Inaccessible ElecrronJcallySr.oredlnjormation. The person responding need not provide discovcry of electroni(lally stored information from sources that the person identifies as not reasonably aeeessibJc becausc ofundue burden or cost On motion to compel discovery or for a protective order, the person responding mlL~ show that the information is not rwonably accessible beetlUse of undue burden or cost. If that sbowing is made, the court may nonetheless order discovery from such sources if the requesting party mows good cause, colUlidering the limitations ofRule 26(b)(2)(C). The court may specify conditions fur the discovery. (Z) Cl4imingPrMlege Dr Protection. (A) In/ormation WUhheld. A person withholding subpoenaed information under a claim that it is privileged 01 subject to prote;ctiol'l as trial-preparation material must: (I) expressly make the claim; and (ii) describe the nature ofthe withheld documents, communications. or tangiblc tbings in a manner that, without revealing information itself privileged or protected, will enable the parties to assess the claim. (B) Information Produced. If information produced in response to a subpoena is subject to a claim ofprivilege or ofprotection as trial­ preparation material. the person making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, C»' destroy the specified information and any copies it has; must not use or diselosetbe information until the claim is resolv.ed; mlJSt take rcasonable steps to retrieve the information jf the party disclosed it be1brcbeing notified; and may promptly present the inrormation to the court under seal for adetennination ofthe claim. The person who produced the information must preserve the information until lhe claim Is resolved. 1.1:.", "'AfA4t'i\ who, havins bc.cn .,l.tAI,. iJU:l~ WG:iI ,.ul H;.."I~l.W v,r Q. p.:uLJ'; VI (iii) a person who is neither. a party nor a party's offICer to moor substantial ex.pense to travel more than 100 miles to attend trial. (C)·Specifying Conditions as an.Abenwlive. rn the circumstances desctibed in Rule 4S(c){l)(B). the court may. instead of Cj\WIhing or modifying II. subpoena, order appearance or production under specified conditions if the serving party: (I) shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship; and Gil erumrl!~ that thP. "uh(v\enaed perMn will be .f"Jl!!nnably compensated. < (e) CGDtempt. The issuing court may hold in contempt II person #ot"'Ycd, £o.U:t without o.OCA:JU4tC. CtX:GUtKi to ~y tho", subpoena. A nonparty's failure to obey must be excused ifthe subpoena purporta to require the nonparty to attend or produce at II place outside the limits ofRule 45(c)(3)(A){ii). ... -. AU UB (IUv. 0i5t09) Subpooaa to Produce f.l(IcUmenB. Infntmatlon. or 0l)j<lt:1I or 10 Pctmit Ins)llOllion of>nmis ¢ ¢ in. C;\lil M1io. ATTACHMENT TO SUBPOENA TO PRODUCE INFORMAnON Provide all records and other information relating to each of the following IP addresses attached hereto induding the following: In accordance with the conditions in the attached order, provide the name, current (and permanent) addresses, telephone numbers, e-mail addresses and Media Access Control addresses of all individuals whose IP addresses are listed in the attached spreadsheet (paper and CD format). Case 1:13-cv-01527-JEC Document 3 Filed 05/08/13 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION KILLER JOE NEVADA, LLC ) Plaintiff, ) 1:13-cv-1527-JEC Case No.: TBD ) v. ) ) DOES 1-57, ) JURY TRIAL DEMANDED ) ) Defendants. Plaintiff scope and provides parameters this of [proposed] the Order requested to define expedited the discovery. WHEREFORE: IT IS ORDERED that Plaintiff's Motion for Leave to Take Discovery Prior to Rule 26(f) Conference is granted; IT IS FURTHER ORDERED that, subject to the protective order set out herein, Nevada l , ) may Plaintiff Killer Joe Nevada, LLC immediately serve a Rule (~Killer subpoena 45 on Joe the ISPs listed in Exhibit· A to the Complaint to obtain information to identify Does I-57, specifically his or her name I address, phone number, and email address. information is consistent with the 1 address, MAC The disclosure of this ISPOs' obligations under the Case 1:13-cv-01527-JEC Document 3 Filed 05/08/13 Page 2 of 5 Cable Service Privacy Act , 47 U.S.C. § 551(c) (2) (B), which provides: (2) A cable operator may disclose identifiable] information if the disclosure is [personally (B) subject to subsection (h) of this section, made pursuant to a court order authorizing such disclosure, if the subscriber is notified of such order by the person to whom the order is directed. The subpoena shall have a copy of this order attached; IT IS FURTHER ORDERED that the lSP will have 30 days from the date of service of the rule 45 subpoena upon them to serve Does 1-57 with a copy of the subpoena and a copy of this order. The ISPs may serve Does using any reasonable means, including written notice sent to his or her last known address, transmitted either by first-class mail or via overnight service; IT IS FURTHER ORDERED that Does 1-57 shall have 30 days from the date of service of the Rule 45 subpoena and this Order upon her or him to file any motions with this Court contesting the subpoena subpoena) I anonymously. for as (including well motion to quash any as a or request to litigate modify the the subpoena Should any John Doe file a motion to quash, motion protective order, motion similarly styled motion to dismiss, seeking 2 similar motion relief, to that sever, or specific , , Case 1:13-cv-01527-JEC Document 3 Filed 05/08/13 Page 3 of 5 John Doe's information will be withheld from the Plaintiff until after the Internet Service Provider to Plaintiff. The ISPs may not turn over the Doe defendants' identifying information to Killer Joe Nevada before the expiration of this 30-day period. Additionally, if a defendant or ISP files a motion to quash the subpoena, may not turn over the moving Does' until the Order instructing the ISPs information to Killer Joe Nevada issues have been addressed and the Court issues the ISPs to resume in turning over an the requested discovery; IT IS preserve any FURTHER ORDERED any subpoenaed tiqlely-filed that the subpoenaed information pending motion to quash or other the entity shall resolution similarly of styled motion; IT IS FURTHER ORDERED if that 30-day period lapses that without a Doe defendant or ISP contesting the subpoena, the ISPs shall have 10 days to produce the information responsi',e to the subpoena to Plaintiff. modify the subpoena, A Doe defendant who moves to quash or or to proceed anonymously, shall at the same time as her or his filing also notify her or his ISP so that the ISP is on notice not to release that Doe defendant I s contact information to Plaintiff until such motions. 3 the Court rules on any Case 1:13-cv-01527-JEC Document 3 Filed 05108/13 Page 4 of 5 IT IS FURTHER ORDERED that, to maximize judicial efficiency, the Court will delay ruling on all Doe motions to quash, motions for protective order, motions to dismiss, motions to styled motions seeking have been filed. similar sever, or similarly relief filed until all such motions All such motions should be filed by deadline set , 2015. out in ord,er. IT IS FURTHER ORDERED that counsel for Plaintiff will file a single opposition protective order, similarly styled to all motions motions motions to dismiss, seeking to quash, motions similar motions to sever, relief for or filed. Plaintiff's opposition is due , 2D13.30 days after the deadline for above-described motions by John Does for the last ISP served. IT IS FURTHER ORDERED that any John Doe who has filed a motion to quash, motion for protective order, motion to dismiss, motion to sever, or similarly styled motion relief, if they so choose, can file a _ seeking similar reply 'hb"'yr-_-_-_-.::::::::::::-,-"J2-f'Or'tl~3. IT IS FURTHER ORDERED that an ISP that receives a subpoena pursuant to this order shall confer with Killer Joe Nevada and shall not assess any charge in advance of providing the requested in the subpoena. elects to charge for the information An ISP that receives a subpoena and costs of production shall provide a billing summary and cost report to Plaintiff. IT IS FURTHER ORDERED that Killer Joe Nevada shall serve a copy 4 ·. Case 1:13-cv-01527-JEC Document 3 Filed 05/08/13 Page 5 of 5 of this Opinion and Order aloIlg with any subpoenas issued pursuant to this order to the list:ed ISPs. IT information IS FURTHER ORDERED of protecting, solely /s/ Julie E. Carnes Honorable District Court Judge Northern District of Georgia 8, for the investigating and resolve Killer Joe Nevada's rights as set forth in its Complaint. Dated MAY any ultimately disclosed to Killer Joe Nevada response to Rule 45 subpoena may be used by Killer Joe Nevada purpose that 2013 5