CreativeCode Ltd. v. Does
CreativeCode Ltd. v. Does
Trial Court Opinion
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6 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 7
8 CREATIVECODE LTD. CASE NO. 23-cv-03832-LJC Plaintiff, 9 AMENDED [PROPOSED] ORDER v. GRANTING IN PART PLAINTIFF’S EX 10 PARTE APPLICATION FOR LEAVE TO DOES 1-20 TAKE IMMEDIATE AND LIMITED 11 DISCOVERY Defendants. 12
13 [PROPOSED] ORDER GRANTING PLAINTIFF’S EX PARTE APPLICATION TO TAKE IMMEDIATE AND LIMITED DISCOVERY 14 The Court has reviewed Plaintiff’s Application with attached Exhibits, Plaintiff’s Ex 15 Parte Application for Leave to Take Immediate and Limited Discovery and all the papers filed 16 in connection with the application. Accordingly, the Court finds good cause for early discovery. 17 Zynga Game Network Inc. v. John Does 1-5, Case No. 09-cv-05232,
2010 WL 271426(N.D. 18 Cal. Jan. 21, 2020) (granting limited discovery to determine defendants’ identities and locations 19 for purposes of service under Rule 4 of the Federal Rules of Civil Procedure. Plaintiff’s 20 application is GRANTED IN PART AND DENIED IN PART. Iit is hereby: 21 1. ORDERED that Plaintiff’s Ex Parte Application for Leave to Take Immediate 22 and Limited Discovery is GRANTED; it is further 23 24 1 2. ORDERED that Plaintiff may immediately serve Rule 45 subpoenas to Google, 2 LLC (“Google”), to obtain the DMCA Notices submitted to Google by the Doe Defendants as 3 referenced in Plaintiff’s Complaint (the “DMCA Notices”) and to obtain any identifying 4 information related to the senders of said DMCA Notices including: 5 All Google account information, including youtube.com account information, of 6 the senders of the DMCA Notices; and
7 All email addresses, IP addresses, name, current and permanent addresses, 8 telephone numbers, and any metadata related to the senders of the DMCA Notices 9 to determine Doe Defendants’ identities and locations. 10 3. ORDERED that Plaintiff may serve Rule 45 subpoenas to any internet service 11 provider (“ISP”), email provider, or other such technology or other service providers, that may 12 have further information arising from the information obtained from Google, solely to provide 13 identifying information (e.g., additional IP addresses, names, physical addresses, telephone 14 numbers, email addresses, etc.) of the Doe Defendants. shall file a further Ex Parte Application 15 to Serve additional Rule 45 subpoenas should the limited discovery granted by this Court fail to 16 identify and indicate the location of the Doe Defendants.
17 4. ORDERED that Plaintiff shall serve a copy of this Order along with any 18 subpoenas issued pursuant to this Order. 19 5. ORDERED that if any entity subpoenaed pursuant to this Order wishes to move 20 to quash the subpoena, it must do so before the return date of the subpoena, which shall be no 21 earlier than 30 days from the date of service. 22 6. ORDERED that the subpoenaed entity shall preserve any subpoenaed 23 information pending the resolution of any timely-filed motion to quash. 24 1 || DATED: November 1, 2023. __ (ios, | A ted S{ates District Judge 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
Reference
- Status
- Unknown