Eve Productions LLC v. Doe ( 2021 )

1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT, 8 WESTERN DISTRICT OF WASHINGTON 9 Eve Productions, LLC ) Case No.: 2:21-cv-251-MJP 10 ) 11 Plaintiff, ) ORDER GRANTING PLAINTIFF’S EX vs. ) PARTE MOTION FOR LEAVE TO 12 ) ISSUE FRCP 45 SUBPOENA ON THIRD Doe aka fbkf@sroff.com, ) PARTIES AND EXTENSION OF 13 ) DEADLINE TO SERVE 14 Defendant. ) ) 15 ) ) 16 ) 17 ) ) 18 THE MATTER before the Court is Plaintiff’s Motion for Leave to Issue FRCP 45 19 20 Subpoena on Third Parties and Extend Deadline to Serve (the “Motion”). Being duly advised, 21 the Court GRANTS the Motion and ORDERS as follows: 22 1. Plaintiff has established “good cause” to serve a third-party subpoena for a deposition 23 on the identified subscriber, Michelle Derbyshire. See, e.g., Patrick Collins, Inc. v. Does 1–1219, 24 2010 WL 5422569 at *2 (N.D. Cal., Dec. 28, 2010). 25 26 2. Plaintiff has also established good cause to extend the deadline to serve Defendant by 27 60 days to September 27, 2021. See Fed. R. Civ. P. 4(m) & 6(b); 28 1 3. All depositions conducted by Plaintiff will be conducted telephonically, assuring no 2 need for burdensome travel, particularly in light of ongoing COVID-19 restrictions. Plaintiff 3 shall take into consideration the subscriber’s work schedule and day to day life requirements 4 when determining a schedule for the deposition. Depositions will be limited to no longer than 2 5 hours. 6 7 4. Plaintiff shall serve a copy of this Order with any subpoenas issued pursuant to it. 8 5. The subpoenas authorized by this Order shall be deemed appropriate court orders 9 under 47 U.S.C. § 551. 10 6. Plaintiff’s subpoena shall demand only deposition testimony at a deposition of two 11 hours or fewer, and shall provide at least 30 days from the date of service for compliance. 12 13 7. Within 90 days of service of the subpoena, Plaintiff shall file an amended complaint 14 naming a defendant or dismissing the case. 15 8. Any information disclosed to Plaintiff in response to a subpoena may be used by 16 Plaintiff solely for the purpose of protecting its rights under the Copyright Act, 17 U.S.C. § 101, 17 et seq. 18 19 DATED this 19th day of July, 2021. A 20 21 Marsha J. Pechman United States Senior District Judge 22 Presented by: 23 /s/ Joshua Lee _________________ 24 Joshua Lee, WSBA No. 57358 25 CULPEPPER IP, LLLC 75-170 Hualalai Road, Suite B204 26 Kailua-Kona, Hawaii 96740 Telephone: (808) 464-4047 27 Facsimile: (202) 204-5181 28 E-Mail: joshua.lee@culpepperip.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER GRANTING PLAINTIFF’S EX PARTE Culpepper IP, LLLC