CASE NO. C 08-1658 MHP.United States District Court, N.D. California, Division.
September 26, 2008
Matthew Franklin Jaksa (CA State Bar No. 248072), HOLME ROBERTS OWEN LLP, San Francisco, CA, Attorneys for Plaintiffs, ZOMBA RECORDING LLC, UMG, RECORDINGS, INC.; and SONY BMG MUSIC ENTERTAINMENT.
[PROPOSED] ORDER GRANTING PLAINTIFFS’ EX PARTE APPLICATION FOR LEAVE TO TAKE IMMEDIATE DISCOVERY * AS AM ENDED BY COURT
MARILYN PATEL, District Judge
Upon the Plaintiffs’ Ex Parte Application for Leave to Take Immediate Discovery, the Declaration of Carlos Linares, and the accompanying Memorandum of Law, it is hereby:
ORDERED that Plaintiffs may serve immediate discovery on California State University, Monterey Bay to obtain the identity of Defendant by serving a Rule 45 subpoena that seeks documents that identify Defendant, including the name, current (and permanent) address and telephone number, e-mail address, and Media Access Control addresses for Defendant. The disclosure of this information is ordered pursuant to 20 U.S.C. § 1232g(b)(2)(B).
IT IS FURTHER ORDERED THAT any information disclosed to Plaintiffs in response to the Rule 45 subpoena may be used by Plaintiffs solely for the purpose of protecting Plaintiffs’ rights under the Copyright Act. Except that rightsto Exhs A, B, C, D and F not shown by or questionable under documentation submitted, i.e., chain of title not established.