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Document 18

Document 18

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Published by: copyrightclerk on Dec 31, 2012
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1
UNITED STATES DISTRICT COURTWESTERN DISTRICT OF VIRGINIACHARLOTTESVILLE DIVISION
AF HOLDINGS, LLC,Plaintiff,v.JOHN DOE(s) 1-4,Defendant.
Case No. 3:12CV55PLAINTIFF
S MOTION FOR LEAVE TO TAKE DISCOVERYPRIOR TO THE RULE 26(f) CONFERENCE
Plaintiff, through its undersigned counsel, hereby moves this Court for an Order grantinglimited discovery prior to the Rule 26(f) Conference. This motion is based upon the case record,attached memorandum and authorities cited therein. Through previous litigation, the Plaintiff hasascertained the name and address of each registered user of the IP address indicated on Exhibit Aof the Complaint (names are voluntarily redacted) filed in this matter. Further, the Plaintiff hasnow conducted a Rule 30 deposition on the IP registered user by the initials of W.L. In thatdeposition, W.L. provided information to the Plaintiff that leads the Plaintiff to believe that afamily member of W.L. who was living at the home of W.L. at the date and time of the
Case 3:12-cv-00055-GEC-BWC Document 18 Filed 12/20/12 Page 1 of 2 Pageid#: 81
 
2infringement may have indeed been the infringer, or at the very least may have pertinentinformation about the infringement activity. Accordingly, the Plaintiff now seeks to perform adeposition on an individual with the initials Z.L. pursuant to Rule 30 to identify the Doe in thismatter.Any information disclosed to the Plaintiff in response to a Rule 30 deposition will beused by the Plaintiff solely for the purpose of protecting Plaintiffs rights as set forth in itsComplaint. For all the reasons articulated in the attached memorandum, Plaintiff respectfullyasks the Court to grant this motion and enter an Order substantially in the form of the attachedProposed Order.The Plaintiff will not file a memorandum of law in support of this motion, but will adoptthe same position of its previous memorandum of law filed in its first motion to conduct Rule 30depositions.Respectfully submitted,DATED: 12/20/2012By: /s/ Timothy V. AndersonTimothy V. AndersonAnderson & Associates, PC2492 North Landing Rd Ste 104Virginia Beach, VA 23456757-301-3636 Tel757-301-3640 Faxtimanderson@virginialawoffice.com 
 Attorney for Plaintiff 
Case 3:12-cv-00055-GEC-BWC Document 18 Filed 12/20/12 Page 2 of 2 Pageid#: 82
 
1
UNITED STATES DISTRICT COURTWESTERN DISTRICT OF VIRGINIACHARLOTTESVILLE DIVISION
AF HOLDINGS, LLC,Plaintiff,v.JOHN DOE(s) 1-4,Defendant.
Case No. 3:12CV55ORDER GRANTING PLAINTIFF
S MOTION FOR LEAVE TO TAKE DISCOVERYPRIOR TO THE RULE 26(f) CONFERENCE
The Court has reviewed the Complaint with attached Exhibits, Plaintiffs Second Motionfor Leave to Take Discovery Prior to the Rule 26(f) Conference and all the papers filed inconnection with the motion, and the relevant case law. Accordingly, it is herebyORDERED that Plaintiffs Second Motion for Leave to Take Discovery Prior to the Rule26(f) Conference is GRANTED; it is furtherORDERED that Plaintiff may conduct Rule 30 depositions on an individual by theinitials of Z.L. for the purposes of determining the identity of the Defendant to be named in thisaction and may request any such documents from Z.L. necessary to conduct the discoverydeposition for the purposes of identifying the actual infringer; and it is furtherORDERED any information disclosed to the Plaintiff in response to a Rule 30 depositionmay be used by the Plaintiff solely for the purpose of protecting Plaintiffs rights as set forth inits Complaint; it is further
Case 3:12-cv-00055-GEC-BWC Document 18-1 Filed 12/20/12 Page 1 of 2 Pageid#: 83

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