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Case Number: 3:16-cv-6109-WHA

Maxmind Geolocation Trace City: Antioch, CA

ISP Response Trace City: Antioch, CA

Correct District: Yes

Date Filed: October 23, 2016

Status: Voluntarily Dismissed on April 6, 2017

Reason for Dismissal: Plaintiff’s investigators determined the ISP address traced to a
business and could not ascertain the immediate responsible party for the
infringement.

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1
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6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
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9
10 MALIBU MEDIA, LLC, No. C 16-06109 WHA
11
United States District Court

Plaintiff,
12
For the Northern District of California

v. ORDER GRANTING EX PARTE
13 MOTION FOR LEAVE TO SERVE
JOHN DOE subscriber assigned IP THIRD-PARTY SUBPOENA PRIOR
14 Address 104.187.188.35, TO RULE 26(f) CONFERENCE

15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various

18 pornographic films and that John Doe defendant directly infringed those copyrights by

19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now

20 seeks leave to serve a subpoena on third-party AT&T Internet Services, in order to ascertain the

21 identity of the subscriber using that IP address prior to a Rule 26(f) conference.

22 Malibu Media’s motion is hereby GRANTED. This is without prejudice to any motions

23 to quash or modify the subpoena that may be filed by any interested party, including AT&T or

24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:

25 • The subpoena shall only request the actual name and address of the
subscriber to whom AT&T assigned the above-captioned IP address.
26 • The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
• Malibu Media shall attach a copy of this order to the subpoena.

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1 • Malibu Media may not use any information disclosed by AT&T for any
purpose other than protecting its rights as set forth in the complaint.
2
• AT&T shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on AT&T.
4
• The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on AT&T. AT&T shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform AT&T if any such motion is filed.
8 • Malibu Media shall not disclose defendant’s name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendant’s IP address, that it may subsequently
learn. All documents including defendant’s identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court

challenge the disclosure of any identifying information. Malibu Media
12 explicitly consented to the inclusion of such a protection in its motion.
For the Northern District of California

13 • Unless otherwise provided, both sides may file under seal any of
defendant’s identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
• Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides AT&T in this matter.
17 • Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendant’s identifying information from AT&T (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendant’s identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendant’s identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 • If Malibu Media learns, whether through subpoena response or other
communication, that defendant’s IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.

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1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
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United States District Court

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For the Northern District of California

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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action

UNITED STATES DISTRICT COURT
for the Northern District of California

MALIBU MEDIA, LLC Civil Action No: 3:16-cv-06109-WHA
Plaintiff

v.

John Doe subscriber assigned to IP address
104.187.188.35,

Defendant.

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO
PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION

To: AT&T Internet Services
Legal Compliance
11760 Highway 1
Suite 600
North Palm Beach, FL. 33408
Facsimile: (888) 938-4715
E-mail: compcent@att.com

[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth
below the following documents, electronically stored information, or objects, and permit their
inspection, copying, testing, or sampling of the material:

Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:

IP Address Date/Time
UTC
104.187.188.35 06/25/2016
22:18:24

Place: Henrik Mosesi, Esq. Date and Time:
433 N. Camden Drive., 6th Floor March 24, 2017 @ 9:30 a.m.
Beverly Hills, 90210
Telephone: (310) 734-4269

[ ] Inspection of Premises: YOU ARE 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 the property or any designated object or operation on it.

Place: Date and Time:

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The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and
the potential consequences of not doing so.

Date: 2/6/17
CLERK OF COURT

____________________________ OR /s/ Henrik Mosesi,
Esq.
Signature of Clerk or Deputy Clerk Henrik Mosesi, Esq.

The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who
issues or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor,
Beverly Hills, CA 90210 – Telephone: (310) 734-4269- E-mail: henry@mosesi.com

Notice to the person who issues or requests this subpoena
If this subpoena commands the production of documents, electronically stored
information, or tangible things or the inspection of premises before trial, a notice and a
copy of the subpoena must be served on each party in this case before it is served on the
person to whom it is directed. Fed. R. Civ. P. 45(a)(4).

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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)

Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)

(c) Place of Compliance. inspecting, copying, testing, or sampling any or all
of the materials or to inspecting the premises—or to
(1) For a Trial, Hearing, or Deposition. A producing electronically stored information in the
subpoena may command a person to attend a trial, form or forms requested. The objection must be
hearing, or deposition only as follows: served before the earlier of the time specified for
(A) within 100 miles of where the person compliance or 14 days after the subpoena is served.
resides, is employed, or regularly transacts business If an objection is made, the following rules apply:
in person; or (i) At any time, on notice to the commanded
(B) within the state where the person resides, is person, the serving party may move the court for
employed, or regularly transacts business in person, the district where compliance is required for an
if the person order compelling production or inspection.
(i) Is a person's party's officer; or (ii) These acts may be required only as
(ii) Is commanded to attend a trial and would directed in the order, and the order must protect a
incur substantial expense. person who is neither a party nor a party’s officer
from significant expense resulting from
(2) For Other Discovery: A subpoena may compliance.
command:
(3) Quashing or Modifying a Subpoena.
(A) production of documents, electronically
stored information, or tangible things at a place (A) When Required. On timely motion, the court for
within 100 miles of where the person resides, is the district where compliance is required must
employed, or regularly transacts business in person; quash or modify a subpoena that:
and
(B) inspection of premises at the premises to be (i) fails to allow a reasonable time to comply;
inspected. (ii) requires a person to comply beyond the
geographical limits specified in Rule 45 ( c );
(d) Protecting a Person Subject to a Subpoena; (iii) requires disclosure of privileged or other
Enforcement. protected matter, if no exception or waiver applies;
or
(1) Avoiding Undue Burden or Expense; (iv) subjects a person to undue burden.
Sanctions. A party or attorney responsible for
issuing and serving a subpoena must take (B) When Permitted. To protect a person subject
reasonable steps to avoid imposing undue burden or to or affected by a subpoena, the court for the
expense on a person subject to the subpoena. The district where compliance is required may, on
court for the district where compliance is required motion, quash or modify the subpoena if it requires:
must enforce this duty and impose an appropriate (i) disclosing a trade secret or other confidential
sanction—which may include lost earnings and research, development, or commercial information;
reasonable attorney’s fees—on a party or attorney or
who fails to comply. (ii) disclosing an unretained expert’s opinion or
information that does not describe specific
(2) Command to Produce Materials or Permit occurrences in dispute and results from the expert’s
Inspection. study that was not requested by a party.
(C) Specifying Conditions as an Alternative. In
(A) Appearance Not Required. A person the circumstances described in Rule 45(d)(3)(B),
commanded to produce documents, electronically the court may, instead of quashing or modifying a
stored information, or tangible things, or to permit subpoena, order appearance or production under
the inspection of premises, need not appear in specified conditions if the serving party:
person at the place of production or inspection (i) shows a substantial need for the testimony
unless also commanded to appear for a deposition, or material that cannot be otherwise met without
hearing, or trial. undue hardship; and
(B) Objections. A person commanded to (ii) ensures that the subpoenaed person will be
produce documents or tangible things or to permit reasonably compensated.
inspection may serve on the party or attorney
designated in the subpoena a written objection to

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(e) Duties in Responding to a Subpoena. destroy the specified information and any copies it
has; must not use or disclose the information until
(1) Producing Documents or Electronically Stored the claim is resolved; must take reasonable steps to
Information. These procedures apply to producing retrieve the information if the party disclosed it
documents or electronically stored information: before being notified; and may promptly present
the information under seal to the court for the
(A) Documents. A person responding to a district where compliance is required for a
subpoena to produce documents must produce them determination of the claim. The person who
as they are kept in the ordinary course of business produced the information must preserve the
or must organize and label them to correspond to information until the claim is resolved.
the categories in the demand.
(g) Contempt.
(B) Form for Producing Electronically Stored
Information Not Specified. If a subpoena does not The court for the district where compliance is
specify a form for producing electronically stored required—and also, after a motion is transferred,
information, the person responding must produce it the issuing court—may hold in contempt a person
in a form or forms in which it is ordinarily who, having been served, fails without adequate
maintained or in a reasonably usable form or forms. excuse to obey the subpoena or an order related to
it.
(C) Electronically Stored Information Produced
in Only One Form. The person responding need not
produce the same electronically stored information
in more than one form.

(D) Inaccessible Electronically Stored
Information. The person responding need not
provide discovery of electronically stored
information from sources that the person identifies
as not reasonably accessible because of undue
burden or cost. On motion to compel discovery or
for a protective order, the person responding must
show that the information is not reasonably
accessible because of undue burden or cost. If that
showing is made, the court may nonetheless order
discovery from such sources if the requesting party
shows good cause, considering the limitations of
Rule
26(b)(2)(C). The court may specify conditions for
the discovery.

(2) Claiming Privilege or Protection.

(A) Information Withheld. A person
withholding subpoenaed information under a claim
that it is privileged or subject to protection as trial-
preparation material must:
(i) expressly make the claim; and
(ii) describe the nature of the withheld
documents, communications, or tangible things 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 of privilege or of protection 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, or

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Case Number: 3:16-cv-5824-WHA

Maxmind Geolocation Trace City: San Jose, CA

ISP Response Trace City: N/A

Correct District: N/A

Date Filed: October 9, 2016

Status: Active case – Plaintiff served the subpoena on February 6, 2017. The ISP is
expected to comply by May 19, 2017. To date, Plaintiff has not received the
response from AT&T.

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1
2
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6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-05824 WHA
11
United States District Court

Plaintiff,
12
For the Northern District of California

v. ORDER GRANTING EX PARTE
13 MOTION FOR LEAVE TO SERVE
JOHN DOE subscriber assigned IP THIRD-PARTY SUBPOENA PRIOR
14 Address 107.128.208.141, TO RULE 26(f) CONFERENCE

15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various

18 pornographic films and that John Doe defendant directly infringed those copyrights by

19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now

20 seeks leave to serve a subpoena on third-party AT&T Internet Services, in order to ascertain the

21 identity of the subscriber using that IP address prior to a Rule 26(f) conference.

22 Malibu Media’s motion is hereby GRANTED. This is without prejudice to any motions

23 to quash or modify the subpoena that may be filed by any interested party, including AT&T or

24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:

25 • The subpoena shall only request the actual name and address of the
subscriber to whom AT&T assigned the above-captioned IP address.
26 • The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
• Malibu Media shall attach a copy of this order to the subpoena.

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1 • Malibu Media may not use any information disclosed by AT&T for any
purpose other than protecting its rights as set forth in the complaint.
2
• AT&T shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on AT&T.
4
• The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on AT&T. AT&T shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform AT&T if any such motion is filed.
8 • Malibu Media shall not disclose defendant’s name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendant’s IP address, that it may subsequently
learn. All documents including defendant’s identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court

challenge the disclosure of any identifying information. Malibu Media
12 explicitly consented to the inclusion of such a protection in its motion.
For the Northern District of California

13 • Unless otherwise provided, both sides may file under seal any of
defendant’s identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
• Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides AT&T in this matter.
17 • Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendant’s identifying information from AT&T (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendant’s identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendant’s identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 • If Malibu Media learns, whether through subpoena response or other
communication, that defendant’s IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.

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1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
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10
11
United States District Court

12
For the Northern District of California

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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action

UNITED STATES DISTRICT COURT
for the Northern District of California

MALIBU MEDIA, LLC Civil Action No: 3:16-cv-05824-WHA
Plaintiff

v.

John Doe subscriber assigned to IP address
107.128.208.141,

Defendant.

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO
PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION

To: AT&T Internet Services
Legal Compliance
11760 Highway 1
Suite 600
North Palm Beach, FL. 33408
Facsimile: (888) 938-4715
E-mail: compcent@att.com

[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth
below the following documents, electronically stored information, or objects, and permit their
inspection, copying, testing, or sampling of the material:

Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:

IP Address Date/Time
UTC
107.128.208.141 05/19/2016
09:17:17

Place: Henrik Mosesi, Esq. Date and Time:
433 N. Camden Drive., 6th Floor March 24, 2017 @ 9:30 a.m.
Beverly Hills, 90210
Telephone: (310) 734-4269

[ ] Inspection of Premises: YOU ARE 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 the property or any designated object or operation on it.

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Place: Date and Time:

The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and
the potential consequences of not doing so.

Date: 2/6/17
CLERK OF COURT

____________________________ OR /s/ Henrik Mosesi,
Esq.
Signature of Clerk or Deputy Clerk Henrik Mosesi, Esq.

The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who
issues or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor,
Beverly Hills, CA 90210 – Telephone: (310) 734-4269- E-mail: henry@mosesi.com

Notice to the person who issues or requests this subpoena
If this subpoena commands the production of documents, electronically stored
information, or tangible things or the inspection of premises before trial, a notice and a
copy of the subpoena must be served on each party in this case before it is served on the
person to whom it is directed. Fed. R. Civ. P. 45(a)(4).

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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)

Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)

(c) Place of Compliance. of the materials or to inspecting the premises—or to
producing electronically stored information in the
(1) For a Trial, Hearing, or Deposition. A form or forms requested. The objection must be
subpoena may command a person to attend a trial, served before the earlier of the time specified for
hearing, or deposition only as follows: compliance or 14 days after the subpoena is served.
(A) within 100 miles of where the person If an objection is made, the following rules apply:
resides, is employed, or regularly transacts business (i) At any time, on notice to the commanded
in person; or person, the serving party may move the court for
(B) within the state where the person resides, is the district where compliance is required for an
employed, or regularly transacts business in person, order compelling production or inspection.
if the person (ii) These acts may be required only as
(i) Is a person's party's officer; or directed in the order, and the order must protect a
(ii) Is commanded to attend a trial and would person who is neither a party nor a party’s officer
incur substantial expense. from significant expense resulting from
compliance.
(2) For Other Discovery: A subpoena may
command: (3) Quashing or Modifying a Subpoena.

(A) production of documents, electronically (A) When Required. On timely motion, the court for
stored information, or tangible things at a place the district where compliance is required must
within 100 miles of where the person resides, is quash or modify a subpoena that:
employed, or regularly transacts business in person;
and (i) fails to allow a reasonable time to comply;
(B) inspection of premises at the premises to be (ii) requires a person to comply beyond the
inspected. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(d) Protecting a Person Subject to a Subpoena; protected matter, if no exception or waiver applies;
Enforcement. or
(iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense;
Sanctions. A party or attorney responsible for (B) When Permitted. To protect a person subject
issuing and serving a subpoena must take to or affected by a subpoena, the court for the
reasonable steps to avoid imposing undue burden or district where compliance is required may, on
expense on a person subject to the subpoena. The motion, quash or modify the subpoena if it requires:
court for the district where compliance is required (i) disclosing a trade secret or other confidential
must enforce this duty and impose an appropriate research, development, or commercial information;
sanction—which may include lost earnings and or
reasonable attorney’s fees—on a party or attorney (ii) disclosing an unretained expert’s opinion or
who fails to comply. information that does not describe specific
occurrences in dispute and results from the expert’s
(2) Command to Produce Materials or Permit study that was not requested by a party.
Inspection. (C) Specifying Conditions as an Alternative. In
the circumstances described in Rule 45(d)(3)(B),
(A) Appearance Not Required. A person the court may, instead of quashing or modifying a
commanded to produce documents, electronically subpoena, order appearance or production under
stored information, or tangible things, or to permit specified conditions if the serving party:
the inspection of premises, need not appear in (i) shows a substantial need for the testimony
person at the place of production or inspection or material that cannot be otherwise met without
unless also commanded to appear for a deposition, undue hardship; and
hearing, or trial. (ii) ensures that the subpoenaed person will be
(B) Objections. A person commanded to reasonably compensated.
produce documents or tangible things or to permit
inspection may serve on the party or attorney
designated in the subpoena a written objection to (e) Duties in Responding to a Subpoena.
inspecting, copying, testing, or sampling any or all

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(1) Producing Documents or Electronically Stored retrieve the information if the party disclosed it
Information. These procedures apply to producing before being notified; and may promptly present
documents or electronically stored information: the information under seal to the court for the
district where compliance is required for a
(A) Documents. A person responding to a determination of the claim. The person who
subpoena to produce documents must produce them produced the information must preserve the
as they are kept in the ordinary course of business information until the claim is resolved.
or must organize and label them to correspond to
the categories in the demand. (g) Contempt.

(B) Form for Producing Electronically Stored The court for the district where compliance is
Information Not Specified. If a subpoena does not required—and also, after a motion is transferred,
specify a form for producing electronically stored the issuing court—may hold in contempt a person
information, the person responding must produce it who, having been served, fails without adequate
in a form or forms in which it is ordinarily excuse to obey the subpoena or an order related to
maintained or in a reasonably usable form or forms. it.

(C) Electronically Stored Information Produced
in Only One Form. The person responding need not
produce the same electronically stored information
in more than one form.

(D) Inaccessible Electronically Stored
Information. The person responding need not
provide discovery of electronically stored
information from sources that the person identifies
as not reasonably accessible because of undue
burden or cost. On motion to compel discovery or
for a protective order, the person responding must
show that the information is not reasonably
accessible because of undue burden or cost. If that
showing is made, the court may nonetheless order
discovery from such sources if the requesting party
shows good cause, considering the limitations of
Rule
26(b)(2)(C). The court may specify conditions for
the discovery.

(2) Claiming Privilege or Protection.

(A) Information Withheld. A person
withholding subpoenaed information under a claim
that it is privileged or subject to protection as trial-
preparation material must:
(i) expressly make the claim; and
(ii) describe the nature of the withheld
documents, communications, or tangible things 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 of privilege or of protection 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, or
destroy the specified information and any copies it
has; must not use or disclose the information until
the claim is resolved; must take reasonable steps to

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Case Number: 3:16-cv-6240-WHA

Maxmind Geolocation Trace City: San Jose, CA

ISP Response Trace City: San Jose, CA

Correct District: Yes

Date Filed: October 28, 2016

Status: Active case – Plaintiff is in the process of reaching a settlement agreement
with Defendant.

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1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-06240 WHA
11
United States District Court

Plaintiff,
12
For the Northern District of California

v. ORDER GRANTING EX PARTE
13 MOTION FOR LEAVE TO SERVE
JOHN DOE subscriber assigned IP THIRD-PARTY SUBPOENA PRIOR
14 Address 107.128.208.88, TO RULE 26(f) CONFERENCE

15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various

18 pornographic films and that John Doe defendant directly infringed those copyrights by

19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now

20 seeks leave to serve a subpoena on third-party AT&T Internet Services, in order to ascertain the

21 identity of the subscriber using that IP address prior to a Rule 26(f) conference.

22 Malibu Media’s motion is hereby GRANTED. This is without prejudice to any motions

23 to quash or modify the subpoena that may be filed by any interested party, including AT&T or

24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:

25 • The subpoena shall only request the actual name and address of the
subscriber to whom AT&T assigned the above-captioned IP address.
26 • The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
• Malibu Media shall attach a copy of this order to the subpoena.

46
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1 • Malibu Media may not use any information disclosed by AT&T for any
purpose other than protecting its rights as set forth in the complaint.
2
• AT&T shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on AT&T.
4
• The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on AT&T. AT&T shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform AT&T if any such motion is filed.
8 • Malibu Media shall not disclose defendant’s name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendant’s IP address, that it may subsequently
learn. All documents including defendant’s identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court

challenge the disclosure of any identifying information. Malibu Media
12 explicitly consented to the inclusion of such a protection in its motion.
For the Northern District of California

13 • Unless otherwise provided, both sides may file under seal any of
defendant’s identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
• Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides AT&T in this matter.
17 • Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendant’s identifying information from AT&T (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendant’s identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendant’s identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 • If Malibu Media learns, whether through subpoena response or other
communication, that defendant’s IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.

26
27
28

2
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1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court

12
For the Northern District of California

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action

UNITED STATES DISTRICT COURT
for the Northern District of California

MALIBU MEDIA, LLC Civil Action No: 3:16-cv-06240-WHA
Plaintiff

v.

John Doe subscriber assigned to IP address
107.128.208.88,

Defendant.

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO
PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION

To: AT&T Internet Services
Legal Compliance
11760 Highway 1
Suite 600
North Palm Beach, FL. 33408
Facsimile: (888) 938-4715
E-mail: compcent@att.com

[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth
below the following documents, electronically stored information, or objects, and permit their
inspection, copying, testing, or sampling of the material:

Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:

IP Address Date/Time
UTC
107.128.208.88 07/04/2016
09:26:34

Place: Henrik Mosesi, Esq. Date and Time:
433 N. Camden Drive., 6th Floor March 24, 2017 @ 9:30 a.m.
Beverly Hills, 90210
Telephone: (310) 734-4269

[ ] Inspection of Premises: YOU ARE 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 the property or any designated object or operation on it.

Place: Date and Time:

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The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and
the potential consequences of not doing so.

Date: 2/6/17
CLERK OF COURT

____________________________ OR /s/ Henrik Mosesi,
Esq.
Signature of Clerk or Deputy Clerk Henrik Mosesi, Esq.

The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who
issues or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor,
Beverly Hills, CA 90210 – Telephone: (310) 734-4269- E-mail: henry@mosesi.com

Notice to the person who issues or requests this subpoena
If this subpoena commands the production of documents, electronically stored
information, or tangible things or the inspection of premises before trial, a notice and a
copy of the subpoena must be served on each party in this case before it is served on the
person to whom it is directed. Fed. R. Civ. P. 45(a)(4).

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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)

Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
of the materials or to inspecting the premises—or to
(c) Place of Compliance. producing electronically stored information in the
form or forms requested. The objection must be
(1) For a Trial, Hearing, or Deposition. A served before the earlier of the time specified for
subpoena may command a person to attend a trial, compliance or 14 days after the subpoena is served.
hearing, or deposition only as follows: If an objection is made, the following rules apply:
(A) within 100 miles of where the person (i) At any time, on notice to the commanded
resides, is employed, or regularly transacts business person, the serving party may move the court for
in person; or the district where compliance is required for an
(B) within the state where the person resides, is order compelling production or inspection.
employed, or regularly transacts business in person, (ii) These acts may be required only as
if the person directed in the order, and the order must protect a
(i) Is a person's party's officer; or person who is neither a party nor a party’s officer
(ii) Is commanded to attend a trial and would from significant expense resulting from
incur substantial expense. compliance.

(2) For Other Discovery: A subpoena may (3) Quashing or Modifying a Subpoena.
command:
(A) When Required. On timely motion, the court for
(A) production of documents, electronically the district where compliance is required must
stored information, or tangible things at a place quash or modify a subpoena that:
within 100 miles of where the person resides, is
employed, or regularly transacts business in person; (i) fails to allow a reasonable time to comply;
and (ii) requires a person to comply beyond the
(B) inspection of premises at the premises to be geographical limits specified in Rule 45 ( c );
inspected. (iii) requires disclosure of privileged or other
protected matter, if no exception or waiver applies;
(d) Protecting a Person Subject to a Subpoena; or
Enforcement. (iv) subjects a person to undue burden.

(1) Avoiding Undue Burden or Expense; (B) When Permitted. To protect a person subject
Sanctions. A party or attorney responsible for to or affected by a subpoena, the court for the
issuing and serving a subpoena must take district where compliance is required may, on
reasonable steps to avoid imposing undue burden or motion, quash or modify the subpoena if it requires:
expense on a person subject to the subpoena. The (i) disclosing a trade secret or other confidential
court for the district where compliance is required research, development, or commercial information;
must enforce this duty and impose an appropriate or
sanction—which may include lost earnings and (ii) disclosing an unretained expert’s opinion or
reasonable attorney’s fees—on a party or attorney information that does not describe specific
who fails to comply. occurrences in dispute and results from the expert’s
study that was not requested by a party.
(2) Command to Produce Materials or Permit (C) Specifying Conditions as an Alternative. In
Inspection. the circumstances described in Rule 45(d)(3)(B),
the court may, instead of quashing or modifying a
(A) Appearance Not Required. A person subpoena, order appearance or production under
commanded to produce documents, electronically specified conditions if the serving party:
stored information, or tangible things, or to permit (i) shows a substantial need for the testimony
the inspection of premises, need not appear in or material that cannot be otherwise met without
person at the place of production or inspection undue hardship; and
unless also commanded to appear for a deposition, (ii) ensures that the subpoenaed person will be
hearing, or trial. reasonably compensated.
(B) Objections. A person commanded to
produce documents or tangible things or to permit
inspection may serve on the party or attorney (e) Duties in Responding to a Subpoena.
designated in the subpoena a written objection to
inspecting, copying, testing, or sampling any or all (1) Producing Documents or Electronically Stored

51
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Information. These procedures apply to producing
documents or electronically stored information: (A) Information Withheld. A person
withholding subpoenaed information under a claim
(A) Documents. A person responding to a that it is privileged or subject to protection as trial-
subpoena to produce documents must produce them preparation material must:
as they are kept in the ordinary course of business (i) expressly make the claim; and
or must organize and label them to correspond to (ii) describe the nature of the withheld
the categories in the demand. documents, communications, or tangible things in a
manner that, without revealing information itself
(B) Form for Producing Electronically Stored privileged or protected, will enable the parties to
Information Not Specified. If a subpoena does not assess the claim.
specify a form for producing electronically stored (B) Information Produced. If information
information, the person responding must produce it produced in response to a subpoena is subject to a
in a form or forms in which it is ordinarily claim of privilege or of protection as trial-
maintained or in a reasonably usable form or forms. preparation material, the person making the claim
may notify any party that received the information
(C) Electronically Stored Information Produced of the claim and the basis for it. After being
in Only One Form. The person responding need not notified, a party must promptly return, sequester, or
produce the same electronically stored information destroy the specified information and any copies it
in more than one form. has; must not use or disclose the information until
the claim is resolved; must take reasonable steps to
(D) Inaccessible Electronically Stored retrieve the information if the party disclosed it
Information. The person responding need not before being notified; and may promptly present
provide discovery of electronically stored the information under seal to the court for the
information from sources that the person identifies district where compliance is required for a
as not reasonably accessible because of undue determination of the claim. The person who
burden or cost. On motion to compel discovery or produced the information must preserve the
for a protective order, the person responding must information until the claim is resolved.
show that the information is not reasonably
accessible because of undue burden or cost. If that (g) Contempt.
showing is made, the court may nonetheless order
discovery from such sources if the requesting party The court for the district where compliance is
shows good cause, considering the limitations of required—and also, after a motion is transferred,
Rule the issuing court—may hold in contempt a person
26(b)(2)(C). The court may specify conditions for who, having been served, fails without adequate
the discovery. excuse to obey the subpoena or an order related to
it.
(2) Claiming Privilege or Protection.

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Case Number: 3:16-cv-5922-WHA

Maxmind Geolocation Trace City: San Carlos, CA

ISP Response Trace City: N/A

Correct District: N/A

Date Filed: October 13, 2016

Status: Voluntarily dismissed prior to receiving Defendant’s identity because
Plaintiff reached a settlement with opposing counsel.

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1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-05922 WHA
11
United States District Court

Plaintiff,
12
For the Northern District of California

v. ORDER GRANTING EX PARTE
13 MOTION FOR LEAVE TO SERVE
JOHN DOE subscriber assigned IP THIRD-PARTY SUBPOENA PRIOR
14 Address 107.199.204.150, TO RULE 26(f) CONFERENCE

15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various

18 pornographic films and that John Doe defendant directly infringed those copyrights by

19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now

20 seeks leave to serve a subpoena on third-party AT&T Internet Services, in order to ascertain the

21 identity of the subscriber using that IP address prior to a Rule 26(f) conference.

22 Malibu Media’s motion is hereby GRANTED. This is without prejudice to any motions

23 to quash or modify the subpoena that may be filed by any interested party, including AT&T or

24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:

25 • The subpoena shall only request the actual name and address of the
subscriber to whom AT&T assigned the above-captioned IP address.
26 • The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
• Malibu Media shall attach a copy of this order to the subpoena.

64
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1 • Malibu Media may not use any information disclosed by AT&T for any
purpose other than protecting its rights as set forth in the complaint.
2
• AT&T shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on AT&T.
4
• The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on AT&T. AT&T shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform AT&T if any such motion is filed.
8 • Malibu Media shall not disclose defendant’s name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendant’s IP address, that it may subsequently
learn. All documents including defendant’s identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court

challenge the disclosure of any identifying information. Malibu Media
12 explicitly consented to the inclusion of such a protection in its motion.
For the Northern District of California

13 • Unless otherwise provided, both sides may file under seal any of
defendant’s identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
• Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides AT&T in this matter.
17 • Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendant’s identifying information from AT&T (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendant’s identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendant’s identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 • If Malibu Media learns, whether through subpoena response or other
communication, that defendant’s IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.

26
27
28

2
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1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court

12
For the Northern District of California

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action

UNITED STATES DISTRICT COURT
for the Northern District of California

MALIBU MEDIA, LLC Civil Action No: 3:16-cv-05922-WHA
Plaintiff

v.

John Doe subscriber assigned to IP address
107.199.204.150,

Defendant.

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO
PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION

To: AT&T Internet Services
Legal Compliance
11760 Highway 1
Suite 600
North Palm Beach, FL. 33408
Facsimile: (888) 938-4715
E-mail: compcent@att.com

[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth
below the following documents, electronically stored information, or objects, and permit their
inspection, copying, testing, or sampling of the material:

Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:

IP Address Date/Time
UTC
107.199.204.150 06/09/2016
06:15:34

Place: Henrik Mosesi, Esq. Date and Time:
433 N. Camden Drive., 6th Floor March 24, 2017 @ 9:30 a.m.
Beverly Hills, 90210
Telephone: (310) 734-4269

[ ] Inspection of Premises: YOU ARE 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 the property or any designated object or operation on it.

67
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Place: Date and Time:

The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and
the potential consequences of not doing so.

Date:2/6/17
CLERK OF COURT

____________________________ OR /s/ Henrik Mosesi,
Esq.
Signature of Clerk or Deputy Clerk Henrik Mosesi, Esq.

The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who
issues or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor,
Beverly Hills, CA 90210 – Telephone: (310) 734-4269- E-mail: henry@mosesi.com

Notice to the person who issues or requests this subpoena
If this subpoena commands the production of documents, electronically stored
information, or tangible things or the inspection of premises before trial, a notice and a
copy of the subpoena must be served on each party in this case before it is served on the
person to whom it is directed. Fed. R. Civ. P. 45(a)(4).

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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (page 3)

Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)

(c) Place of Compliance. specified for compliance or 14 days after the subpoena
is served. If an objection is made, the following rules
(1) For a Trial, Hearing, or Deposition. A subpoena apply:
may command a person to attend a trial, hearing, or (i) At any time, on notice to the commanded
deposition only as follows: person, the serving party may move the court for the
(A) within 100 miles of where the person resides, is district where compliance is required for an order
employed, or regularly transacts business in person; or compelling production or inspection.
(B) within the state where the person resides, is (ii) These acts may be required only as directed in
employed, or regularly transacts business in person, if the order, and the order must protect a person who is
the person neither a party nor a party’s officer from significant
(i) Is a person's party's officer; or expense resulting from compliance.
(ii) Is commanded to attend a trial and would incur
substantial expense. (3) Quashing or Modifying a Subpoena.

(2) For Other Discovery: A subpoena may command: (A) When Required. On timely motion, the court for the
district where compliance is required must quash or
(A) production of documents, electronically stored modify a subpoena that:
information, or tangible things at a place within 100
miles of where the person resides, is employed, or (i) fails to allow a reasonable time to comply;
regularly transacts business in person; and (ii) requires a person to comply beyond the
(B) inspection of premises at the premises to be geographical limits specified in Rule 45 ( c );
inspected. (iii) requires disclosure of privileged or other
protected matter, if no exception or waiver applies; or
(d) Protecting a Person Subject to a Subpoena; (iv) subjects a person to undue burden.
Enforcement.
(B) When Permitted. To protect a person subject to or
(1) Avoiding Undue Burden or Expense; Sanctions. affected by a subpoena, the court for the district where
A party or attorney responsible for issuing and serving a compliance is required may, on motion, quash or modify
subpoena must take reasonable steps to avoid imposing the subpoena if it requires:
undue burden or expense on a person subject to the (i) disclosing a trade secret or other confidential
subpoena. The court for the district where compliance is research, development, or commercial information; or
required must enforce this duty and impose an (ii) disclosing an unretained expert’s opinion or
appropriate sanction—which may include lost earnings information that does not describe specific occurrences
and reasonable attorney’s fees—on a party or attorney in dispute and results from the expert’s study that was
who fails to comply. not requested by a party.
(C) Specifying Conditions as an Alternative. In the
(2) Command to Produce Materials or Permit circumstances described in Rule 45(d)(3)(B), the court
Inspection. may, instead of quashing or modifying a subpoena,
order appearance or production under specified
(A) Appearance Not Required. A person conditions if the serving party:
commanded to produce documents, electronically stored (i) shows a substantial need for the testimony or
information, or tangible things, or to permit the material that cannot be otherwise met without undue
inspection of premises, need not appear in person at the hardship; and
place of production or inspection unless also (ii) ensures that the subpoenaed person will be
commanded to appear for a deposition, hearing, or trial. reasonably compensated.
(B) Objections. A person commanded to produce
documents or tangible things or to permit inspection
may serve on the party or attorney designated in the (e) Duties in Responding to a Subpoena.
subpoena a written objection to inspecting, copying,
testing, or sampling any or all of the materials or to (1) Producing Documents or Electronically Stored
inspecting the premises—or to producing electronically Information. These procedures apply to producing
stored information in the form or forms requested. The documents or electronically stored information:
objection must be served before the earlier of the time

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(A) Documents. A person responding to a subpoena (g) Contempt.
to produce documents must produce them as they are
kept in the ordinary course of business or must organize The court for the district where compliance is
and label them to correspond to the categories in the required—and also, after a motion is transferred, the
demand. issuing court—may hold in contempt a person who,
having been served, fails without adequate excuse to
(B) Form for Producing Electronically Stored obey the subpoena or an order related to it.
Information Not Specified. If a subpoena does not
specify a form for producing electronically 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 forms.

(C) Electronically Stored Information Produced in
Only One Form. The person responding need not
produce the same electronically stored information in
more than one form.

(D) Inaccessible Electronically Stored Information.
The person responding need not provide discovery of
electronically stored information from sources that the
person identifies as not reasonably accessible because of
undue burden or cost. On motion to compel discovery or
for a protective order, the person responding must show
that the information is not reasonably accessible because
of undue burden or cost. If that showing is made, the
court may nonetheless order discovery from such
sources if the requesting party shows good cause,
considering the limitations of Rule
26(b)(2)(C). The court may specify conditions for the
discovery.

(2) Claiming Privilege or Protection.

(A) Information Withheld. A person withholding
subpoenaed information under a claim that it is
privileged or subject to protection as trial-preparation
material must:
(i) expressly make the claim; and
(ii) describe the nature of the withheld documents,
communications, or tangible things 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 of
privilege or of protection 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, or destroy the specified information and any
copies it has; must not use or disclose the information
until the claim is resolved; must take reasonable steps to
retrieve the information if the party disclosed it before
being notified; and may promptly present the
information under seal to the court for the district where
compliance is required for a determination of the claim.
The person who produced the information must preserve
the information until the claim is resolved.

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Case Number: 3:16-cv-6160-WHA

Maxmind Geolocation Trace City: Campbell, CA

ISP Response Trace City: Cupertino, CA

Correct District: Yes

Date Filed: October 25, 2016

Date Dismissed: April 27, 2017

Reason for Voluntary Dismissal: Plaintiff received Defendant's identity on or around
March 27, 2017 and immediately began its investigation of the subscriber.

Prior to amending its complaint and serving the John Doe defendant, Plaintiff takes
great lengths to research the Doe defendant and ensure it is pursuing the correct
infringer.

In this case, the subscriber was female and contained a common first and last name.
Moreover, she resided with her husband, and two adult children, one male age
twenty-­‐three and one female, age twenty-­‐one.

Plaintiff examined its additional information containing a list of other content
downloaded through BitTorrent in order to help aid in determining the likely
responsible party. In doing so, it built an extensive profile on each member of the
household. The additional evidence contained 9,647 downloads over the course of
years containing a variety of works, ranging from PBS documentaries to 60 minutes
episodes, video games, popular music, and software.

Ultimately, Plaintiff’s investigation delayed the case and by the time Plaintiff filed its
amended complaint and received its summons, the Rule 4m deadline was only two
days away.

Knowing that the delays in this case were not justified, Plaintiff voluntarily
dismissed rather than moving for extension. Plaintiff realizes now that filing fifty-­‐
seven cases in one month stretches its resources and does not allow it to
expeditiously process its cases. Plaintiff and undersigned sincerely apologize and
assure your Honor that in the future, if Plaintiff ever files more cases in this District,
it will do so in much smaller numbers with diligent case management.

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1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-06160 WHA
11
United States District Court

Plaintiff,
12
For the Northern District of California

v. ORDER GRANTING EX PARTE
13 MOTION FOR LEAVE TO SERVE
JOHN DOE subscriber assigned IP THIRD-PARTY SUBPOENA PRIOR
14 Address 107.204.175.161, TO RULE 26(f) CONFERENCE

15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various

18 pornographic films and that John Doe defendant directly infringed those copyrights by

19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now

20 seeks leave to serve a subpoena on third-party AT&T Internet Services, in order to ascertain the

21 identity of the subscriber using that IP address prior to a Rule 26(f) conference.

22 Malibu Media’s motion is hereby GRANTED. This is without prejudice to any motions

23 to quash or modify the subpoena that may be filed by any interested party, including AT&T or

24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:

25 • The subpoena shall only request the actual name and address of the
subscriber to whom AT&T assigned the above-captioned IP address.
26 • The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
• Malibu Media shall attach a copy of this order to the subpoena.

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1 • Malibu Media may not use any information disclosed by AT&T for any
purpose other than protecting its rights as set forth in the complaint.
2
• AT&T shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on AT&T.
4
• The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on AT&T. AT&T shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform AT&T if any such motion is filed.
8 • Malibu Media shall not disclose defendant’s name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendant’s IP address, that it may subsequently
learn. All documents including defendant’s identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court

challenge the disclosure of any identifying information. Malibu Media
12 explicitly consented to the inclusion of such a protection in its motion.
For the Northern District of California

13 • Unless otherwise provided, both sides may file under seal any of
defendant’s identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
• Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides AT&T in this matter.
17 • Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendant’s identifying information from AT&T (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendant’s identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendant’s identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 • If Malibu Media learns, whether through subpoena response or other
communication, that defendant’s IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.

26
27
28

2
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1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court

12
For the Northern District of California

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action

UNITED STATES DISTRICT COURT
for the Northern District of California

MALIBU MEDIA, LLC Civil Action No: 3:16-cv-06160-WHA
Plaintiff

v.

John Doe subscriber assigned to IP address
107.204.175.161,

Defendant.

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO
PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION

To: AT&T Internet Services
Legal Compliance
11760 Highway 1
Suite 600
North Palm Beach, FL. 33408
Facsimile: (888) 938-4715
E-mail: compcent@att.com

[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth
below the following documents, electronically stored information, or objects, and permit their
inspection, copying, testing, or sampling of the material:

Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:

IP Address Date/Time
UTC
107.204.175.161 07/04/2016
04:00:59

Place: Henrik Mosesi, Esq. Date and Time:
433 N. Camden Drive., 6th Floor March 24, 2017 @ 9:30 a.m.
Beverly Hills, 90210
Telephone: (310) 734-4269

[ ] Inspection of Premises: YOU ARE 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
the property or any designated object or operation on it.

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Place: Date and Time:

The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and
the potential consequences of not doing so.

Date: 2/6/17
CLERK OF COURT

____________________________ OR /s/ Henrik Mosesi, Esq.
Signature of Clerk or Deputy Clerk Henrik Mosesi, Esq.

The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues
or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly
Hills, CA 90210 – Telephone: (310) 734-4269- E-mail: henry@mosesi.com

Notice to the person who issues or requests this subpoena
If this subpoena commands the production of documents, electronically stored
information, or tangible things or the inspection of premises before trial, a notice and a
copy of the subpoena must be served on each party in this case before it is served on the
person to whom it is directed. Fed. R. Civ. P. 45(a)(4).

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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)

Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)

inspection may serve on the party or attorney
(c) Place of Compliance. designated in the subpoena a written objection to
inspecting, copying, testing, or sampling any or all
(1) For a Trial, Hearing, or Deposition. A of the materials or to inspecting the premises—or to
subpoena may command a person to attend a trial, producing electronically stored information in the
hearing, or deposition only as follows: form or forms requested. The objection must be
(A) within 100 miles of where the person served before the earlier of the time specified for
resides, is employed, or regularly transacts business compliance or 14 days after the subpoena is served.
in person; or If an objection is made, the following rules apply:
(B) within the state where the person resides, is (i) At any time, on notice to the commanded
employed, or regularly transacts business in person, person, the serving party may move the court for
if the person the district where compliance is required for an
(i) Is a person's party's officer; or order compelling production or inspection.
(ii) Is commanded to attend a trial and would (ii) These acts may be required only as
incur substantial expense. directed in the order, and the order must protect a
person who is neither a party nor a party’s officer
(2) For Other Discovery: A subpoena may from significant expense resulting from
command: compliance.

(A) production of documents, electronically (3) Quashing or Modifying a Subpoena.
stored information, or tangible things at a place
within 100 miles of where the person resides, is (A) When Required. On timely motion, the court for
employed, or regularly transacts business in person; the district where compliance is required must
and quash or modify a subpoena that:
(B) inspection of premises at the premises to be
inspected. (i) fails to allow a reasonable time to comply;
(ii) requires a person to comply beyond the
(d) Protecting a Person Subject to a Subpoena; geographical limits specified in Rule 45 ( c );
Enforcement. (iii) requires disclosure of privileged or other
protected matter, if no exception or waiver applies;
(1) Avoiding Undue Burden or Expense; or
Sanctions. A party or attorney responsible for (iv) subjects a person to undue burden.
issuing and serving a subpoena must take
reasonable steps to avoid imposing undue burden or (B) When Permitted. To protect a person subject
expense on a person subject to the subpoena. The to or affected by a subpoena, the court for the
court for the district where compliance is required district where compliance is required may, on
must enforce this duty and impose an appropriate motion, quash or modify the subpoena if it requires:
sanction—which may include lost earnings and (i) disclosing a trade secret or other confidential
reasonable attorney’s fees—on a party or attorney research, development, or commercial information;
who fails to comply. or
(ii) disclosing an unretained expert’s opinion or
(2) Command to Produce Materials or Permit information that does not describe specific
Inspection. occurrences in dispute and results from the expert’s
study that was not requested by a party.
(A) Appearance Not Required. A person (C) Specifying Conditions as an Alternative. In
commanded to produce documents, electronically the circumstances described in Rule 45(d)(3)(B),
stored information, or tangible things, or to permit the court may, instead of quashing or modifying a
the inspection of premises, need not appear in subpoena, order appearance or production under
person at the place of production or inspection specified conditions if the serving party:
unless also commanded to appear for a deposition, (i) shows a substantial need for the testimony
hearing, or trial. or material that cannot be otherwise met without
(B) Objections. A person commanded to undue hardship; and
produce documents or tangible things or to permit (ii) ensures that the subpoenaed person will be

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reasonably compensated. the discovery.

(2) Claiming Privilege or Protection.
(e) Duties in Responding to a Subpoena.
(A) Information Withheld. A person
(1) Producing Documents or Electronically Stored withholding subpoenaed information under a claim
Information. These procedures apply to producing that it is privileged or subject to protection as trial-
documents or electronically stored information: preparation material must:
(i) expressly make the claim; and
(A) Documents. A person responding to a (ii) describe the nature of the withheld
subpoena to produce documents must produce them documents, communications, or tangible things in a
as they are kept in the ordinary course of business manner that, without revealing information itself
or must organize and label them to correspond to privileged or protected, will enable the parties to
the categories in the demand. assess the claim.
(B) Information Produced. If information
(B) Form for Producing Electronically Stored produced in response to a subpoena is subject to a
Information Not Specified. If a subpoena does not claim of privilege or of protection as trial-
specify a form for producing electronically stored preparation material, the person making the claim
information, the person responding must produce it may notify any party that received the information
in a form or forms in which it is ordinarily of the claim and the basis for it. After being
maintained or in a reasonably usable form or forms. notified, a party must promptly return, sequester, or
destroy the specified information and any copies it
(C) Electronically Stored Information Produced has; must not use or disclose the information until
in Only One Form. The person responding need not the claim is resolved; must take reasonable steps to
produce the same electronically stored information retrieve the information if the party disclosed it
in more than one form. before being notified; and may promptly present
the information under seal to the court for the
(D) Inaccessible Electronically Stored district where compliance is required for a
Information. The person responding need not determination of the claim. The person who
provide discovery of electronically stored produced the information must preserve the
information from sources that the person identifies information until the claim is resolved.
as not reasonably accessible because of undue
burden or cost. On motion to compel discovery or (g) Contempt.
for a protective order, the person responding must
show that the information is not reasonably The court for the district where compliance is
accessible because of undue burden or cost. If that required—and also, after a motion is transferred,
showing is made, the court may nonetheless order the issuing court—may hold in contempt a person
discovery from such sources if the requesting party who, having been served, fails without adequate
shows good cause, considering the limitations of excuse to obey the subpoena or an order related to
Rule it.
26(b)(2)(C). The court may specify conditions for

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Case Number: 3:16-cv-5920-WHA

Maxmind Geolocation Trace City: Los Altos, CA

ISP Response Trace City: N/A

Correct District: N/A

Date Filed: October 13, 2016

Status: Plaintiff served its subpoena on AT&T on February 6, 2017. Plaintiff is currently
waiting for the ISP to respond to its subpoena and expects it do so by June 7, 2016.

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1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-05920 WHA
11
United States District Court

Plaintiff,
12
For the Northern District of California

v. ORDER GRANTING EX PARTE
13 MOTION FOR LEAVE TO SERVE
JOHN DOE subscriber assigned IP THIRD-PARTY SUBPOENA PRIOR
14 Address 107.214.150.33, TO RULE 26(f) CONFERENCE

15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various

18 pornographic films and that John Doe defendant directly infringed those copyrights by

19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now

20 seeks leave to serve a subpoena on third-party AT&T Internet Services, in order to ascertain the

21 identity of the subscriber using that IP address prior to a Rule 26(f) conference.

22 Malibu Media’s motion is hereby GRANTED. This is without prejudice to any motions

23 to quash or modify the subpoena that may be filed by any interested party, including AT&T or

24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:

25 • The subpoena shall only request the actual name and address of the
subscriber to whom AT&T assigned the above-captioned IP address.
26 • The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
• Malibu Media shall attach a copy of this order to the subpoena.

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1 • Malibu Media may not use any information disclosed by AT&T for any
purpose other than protecting its rights as set forth in the complaint.
2
• AT&T shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on AT&T.
4
• The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on AT&T. AT&T shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform AT&T if any such motion is filed.
8 • Malibu Media shall not disclose defendant’s name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendant’s IP address, that it may subsequently
learn. All documents including defendant’s identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court

challenge the disclosure of any identifying information. Malibu Media
12 explicitly consented to the inclusion of such a protection in its motion.
For the Northern District of California

13 • Unless otherwise provided, both sides may file under seal any of
defendant’s identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
• Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides AT&T in this matter.
17 • Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendant’s identifying information from AT&T (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendant’s identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendant’s identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 • If Malibu Media learns, whether through subpoena response or other
communication, that defendant’s IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.

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1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
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10
11
United States District Court

12
For the Northern District of California

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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action

UNITED STATES DISTRICT COURT
for the Northern District of California

MALIBU MEDIA, LLC Civil Action No: 3:16-cv-05920-WHA
Plaintiff

v.

John Doe subscriber assigned to IP address
107.214.150.33,

Defendant.

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO
PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION

To: AT&T Internet Services
Legal Compliance
11760 Highway 1
Suite 600
North Palm Beach, FL. 33408
Facsimile: (888) 938-4715
E-mail: compcent@att.com

[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below
the following documents, electronically stored information, or objects, and permit their inspection,
copying, testing, or sampling of the material:

Please produce documents identifying the name AND address ONLY of the defendant John
Doe listed in the below chart:

IP Address Date/Time
UTC
107.214.150.33 06/07/2016
18:54:21

Place: Henrik Mosesi, Esq. Date and Time:
433 N. Camden Drive., 6th Floor March 24, 2017 @ 9:30 a.m.
Beverly Hills, 90210
Telephone: (310) 734-4269

[ ] Inspection of Premises: YOU ARE 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
the property or any designated object or operation on it.

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Place: Date and Time:

The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the
potential consequences of not doing so.

Date: 2/6/17
CLERK OF COURT

____________________________ OR /s/ Henrik Mosesi, Esq.
Signature of Clerk or Deputy Clerk Henrik Mosesi, Esq.

The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues
or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly
Hills, CA 90210 – Telephone: (310) 734-4269- E-mail: henry@mosesi.com

Notice to the person who issues or requests this subpoena
If this subpoena commands the production of documents, electronically stored information,
or tangible things or the inspection of premises before trial, a notice and a copy of the
subpoena must be served on each party in this case before it is served on the person to
whom it is directed. Fed. R. Civ. P. 45(a)(4).

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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)

Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)

(c) Place of Compliance. electronically stored information in the form or forms
requested. The objection must be served before the
(1) For a Trial, Hearing, or Deposition. A subpoena earlier of the time specified for compliance or 14 days
may command a person to attend a trial, hearing, or after the subpoena is served. If an objection is made,
deposition only as follows: the following rules apply:
(A) within 100 miles of where the person resides, (i) At any time, on notice to the commanded
is employed, or regularly transacts business in person; person, the serving party may move the court for the
or district where compliance is required for an order
(B) within the state where the person resides, is compelling production or inspection.
employed, or regularly transacts business in person, if (ii) These acts may be required only as directed in
the person the order, and the order must protect a person who is
(i) Is a person's party's officer; or neither a party nor a party’s officer from significant
(ii) Is commanded to attend a trial and would incur expense resulting from compliance.
substantial expense.
(3) Quashing or Modifying a Subpoena.
(2) For Other Discovery: A subpoena may command:
(A) When Required. On timely motion, the court for
(A) production of documents, electronically stored the district where compliance is required must quash
information, or tangible things at a place within 100 or modify a subpoena that:
miles of where the person resides, is employed, or
regularly transacts business in person; and (i) fails to allow a reasonable time to comply;
(B) inspection of premises at the premises to be (ii) requires a person to comply beyond the
inspected. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(d) Protecting a Person Subject to a Subpoena; protected matter, if no exception or waiver applies; or
Enforcement. (iv) subjects a person to undue burden.

(1) Avoiding Undue Burden or Expense; (B) When Permitted. To protect a person subject to or
Sanctions. A party or attorney responsible for issuing affected by a subpoena, the court for the district where
and serving a subpoena must take reasonable steps to compliance is required may, on motion, quash or
avoid imposing undue burden or expense on a person modify the subpoena if it requires:
subject to the subpoena. The court for the district (i) disclosing a trade secret or other confidential
where compliance is required must enforce this duty research, development, or commercial information; or
and impose an appropriate sanction—which may (ii) disclosing an unretained expert’s opinion or
include lost earnings and reasonable attorney’s fees— information that does not describe specific
on a party or attorney who fails to comply. occurrences in dispute and results from the expert’s
study that was not requested by a party.
(2) Command to Produce Materials or Permit (C) Specifying Conditions as an Alternative. In the
Inspection. circumstances described in Rule 45(d)(3)(B), the court
may, instead of quashing or modifying a subpoena,
(A) Appearance Not Required. A person order appearance or production under specified
commanded to produce documents, electronically conditions if the serving party:
stored information, or tangible things, or to permit the (i) shows a substantial need for the testimony or
inspection of premises, need not appear in person at material that cannot be otherwise met without undue
the place of production or inspection unless also hardship; and
commanded to appear for a deposition, hearing, or (ii) ensures that the subpoenaed person will be
trial. reasonably compensated.
(B) Objections. A person commanded to produce
documents or tangible things or to permit inspection
may serve on the party or attorney designated in the (e) Duties in Responding to a Subpoena.
subpoena a written objection to inspecting, copying,
testing, or sampling any or all of the materials or to (1) Producing Documents or Electronically Stored
inspecting the premises—or to producing Information. These procedures apply to producing

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documents or electronically stored information: (2) Claiming Privilege or Protection.

(A) Documents. A person responding to a (A) Information Withheld. A person withholding
subpoena to produce documents must produce them as subpoenaed information under a claim that it is
they are kept in the ordinary course of business or privileged or subject to protection as trial-preparation
must organize and label them to correspond to the material must:
categories in the demand. (i) expressly make the claim; and
(ii) describe the nature of the withheld documents,
(B) Form for Producing Electronically Stored communications, or tangible things in a manner that,
Information Not Specified. If a subpoena does not without revealing information itself privileged or
specify a form for producing electronically stored protected, will enable the parties to assess the claim.
information, the person responding must produce it in (B) Information Produced. If information
a form or forms in which it is ordinarily maintained or produced in response to a subpoena is subject to a
in a reasonably usable form or forms. claim of privilege or of protection as trial-preparation
material, the person making the claim may notify any
(C) Electronically Stored Information Produced in party that received the information of the claim and
Only One Form. The person responding need not the basis for it. After being notified, a party must
produce the same electronically stored information in promptly return, sequester, or destroy the specified
more than one form. information and any copies it has; must not use or
disclose the information until the claim is resolved;
(D) Inaccessible Electronically Stored must take reasonable steps to retrieve the information
Information. The person responding need not provide if the party disclosed it before being notified; and may
discovery of electronically stored information from promptly present the information under seal to the
sources that the person identifies as not reasonably court for the district where compliance is required for
accessible because of undue burden or cost. On motion a determination of the claim. The person who
to compel discovery or for a protective order, the produced the information must preserve the
person responding must show that the information is information until the claim is resolved.
not reasonably accessible because of undue burden or
cost. If that showing is made, the court may (g) Contempt.
nonetheless order discovery from such sources if the
requesting party shows good cause, considering the The court for the district where compliance is
limitations of Rule required—and also, after a motion is transferred, the
26(b)(2)(C). The court may specify conditions for the issuing court—may hold in contempt a person who,
discovery. having been served, fails without adequate excuse to
obey the subpoena or an order related to it.

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Case Number: 3:16-cv-5850-WHA

Maxmind Geolocation Trace City: Emeryville, CA

ISP Response Trace City: Piedmont, CA

Correct District: Yes

Date Filed: October 11, 2016

Voluntary Dismissal: Plaintiff dismissed this case on May 2, 2017 after lengthy
negotiations with opposing counsel resulted in the parties reaching a settlement
agreement.

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P I L L A R L AW G R O U P
A P R O F E S S I O N A L L A W C O R P O R A T I O N

150 SOUTH RODEO DRIVE TELEPHONE: (310) 999-0000
SUITE 260 FACSIMILE: (888) 667-5482
BEVERLY HILLS, CALIFORNIA 90212 WWW.PILLAR.LAW

Friday, December 9, 2016

VIA FACSIMILE AND E-MAIL

AT&T Internet Services
Legal Compliance
11760 Highway 1
Suite 600
North Palm Beach, FL. 33408
Facsimile: (888) 938-4715
E-mail: compcent@att.com

Re: Malibu Media, LLC v. John Doe Subscriber assigned IP Address
107.216.114.7; Case No. 3:16-cv-5850-WHA

Dear Custodian of Records,

Pillar Law Group, APLC represents Plaintiff in the above captioned matter. On
10/11/2016, Plaintiff filed the instant case against John Doe Subscriber assigned IP
address 107.216.114.7 claiming Defendant’s direct infringement of Plaintiff’s works
through the BitTorrent protocol. See CM/ECF 1. Because Defendant is only known to
Plaintiff by Defendant’s IP address, Plaintiff intends on filing a Renewed Motion for
Leave to Serve a Third Party Subpoena on the Defendant’s Internet Service Provider
(“Renewed Motion”), in order to obtain Defendant’s true identity. Plaintiff is in the
process of preparing this motion for filing. Please be advised that Plaintiff’s Renewed
Motion, will seek leave of court to obtain Defendant’s identifying information from
AT&T Internet Services. Specifically, Plaintiff will seek documents in AT&T’s
possession which identify the name and address of the Defendant John Doe who was
assigned IP Address 107.216.114.7 at the following date and time: 6/5/2016 5:14:22 PM
UTC. Accordingly, Plaintiff hereby requests that you preserve the foregoing documents.
Please prevent the destruction, expiration, deletion, overwriting, concealment, or
modification (even if such data would otherwise expire, be deleted or overwritten,
concealed, or modified in the normal course of business, including through the
termination of user accounts) of documents which identify the name and address of the
Defendant John Doe who was assigned IP Address 107.216.114.7 at the following date
and time: 6/5/2016 5:14:22 PM UTC.

Compliance with these preservation obligations includes forwarding a copy of this letter
to all individuals that are responsible for the documents referred to in this letter. If this
correspondence is in any respect unclear, please call me immediately.

1
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To be clear, this is not a subpoena and Plaintiff is not demanding your production of
Defendant’s identifying information at this time. Please do NOT produce any of John
Doe Defendant’s identifying information to undersigned or Plaintiff until after the Court
grants Plaintiff’s Renewed Motion and Plaintiff serves you with a subpoena.

If you have any questions or wish to discuss this matter in further detail, please feel free
to call my office.

Sincerely,

/s/ Henrik Mosesi
Henrik Mosesi

2
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Case Number: 3:16-cv-5927-WHA

Maxmind Geolocation Trace City: Santa Clara, CA

ISP Response Trace City: N/A

Correct District: N/A

Date Filed: October 13, 2016

Voluntary Dismissal: Plaintiff dismissed this case on March 17, 2017 because
Comcast, Defendant’s ISP, could not identify the subscriber.

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1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-05927 WHA
11
United States District Court

Plaintiff,
12
For the Northern District of California

v. ORDER GRANTING EX PARTE
13 MOTION FOR LEAVE TO SERVE
JOHN DOE subscriber assigned IP THIRD-PARTY SUBPOENA PRIOR
14 address 107.3.138.207, TO RULE 26(f) CONFERENCE

15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various

18 pornographic films and that John Doe defendant directly infringed those copyrights by

19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now

20 seeks leave to serve a subpoena on third-party Comcast Cable Communications, LLC, in order

21 to ascertain the identity of the subscriber using that IP address prior to a Rule 26(f) conference.

22 Malibu Media’s motion is hereby GRANTED. This is without prejudice to any motions

23 to quash or modify the subpoena that may be filed by any interested party, including Comcast or

24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:

25 • The subpoena shall only request the actual name and address of the
subscriber to whom Comcast assigned the above-captioned IP address.
26 • The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
• Malibu Media shall attach a copy of this order to the subpoena.

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1 • Malibu Media may not use any information disclosed by Comcast for any
purpose other than protecting its rights as set forth in the complaint.
2
• Comcast shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on Comcast.
4
• The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on Comcast. Comcast shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform Comcast if any such motion is filed.
8 • Malibu Media shall not disclose defendant’s name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendant’s IP address, that it may subsequently
learn. All documents including defendant’s identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court

challenge the disclosure of any identifying information. Malibu Media
12 explicitly consented to the inclusion of such a protection in its motion.
For the Northern District of California

13 • Unless otherwise provided, both sides may file under seal any of
defendant’s identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
• Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides Comcast in this matter.
17 • Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendant’s identifying information from Comcast (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendant’s identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendant’s identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 • If Malibu Media learns, whether through subpoena response or other
communication, that defendant’s IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.

26
27
28

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1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court

12
For the Northern District of California

13
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action

UNITED STATES DISTRICT COURT
for the Northern District of California

MALIBU MEDIA, LLC Civil Action No: 3:16-cv-05927-WHA
Plaintiff

v.

John Doe subscriber assigned to IP address
107.3.138.207,

Defendant.

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO
PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION

To: Comcast Corporation
c/o CT Corporation System
818 West Seventh Street, Ste 930
Los Angeles, CA. 90017

[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth
below the following documents, electronically stored information, or objects, and permit their
inspection, copying, testing, or sampling of the material:

Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:

IP Address Date/Time
UTC
107.3.138.207 06/16/2016
03:40:53

Place: Henrik Mosesi, Esq. Date and Time:
433 N. Camden Drive., 6th Floor March 27, 2017 @ 9:30 a.m.
Beverly Hills, 90210
Telephone: (310) 734-4269

[ ] Inspection of Premises: YOU ARE 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 the property or any designated object or operation on it.

Place: Date and Time:

Certified Mail #: 7016 1970 0000 0900 3313
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The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and
the potential consequences of not doing so.

Date: 2/3/17
CLERK OF COURT

____________________________ OR /s/ Henrik Mosesi,
Esq.
Signature of Clerk or Deputy Clerk Henrik Mosesi, Esq.

The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who
issues or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor,
Beverly Hills, CA 90210 – Telephone: (310) 734-4269- E-mail: henry@mosesi.com

Notice to the person who issues or requests this subpoena
If this subpoena commands the production of documents, electronically stored
information, or tangible things or the inspection of premises before trial, a notice and a
copy of the subpoena must be served on each party in this case before it is served on the
person to whom it is directed. Fed. R. Civ. P. 45(a)(4).

Certified Mail #: 7016 1970 0000 0900 3313
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)

Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. of the materials or to inspecting the premises—or to
producing electronically stored information in the
(1) For a Trial, Hearing, or Deposition. A form or forms requested. The objection must be
subpoena may command a person to attend a trial, served before the earlier of the time specified for
hearing, or deposition only as follows: compliance or 14 days after the subpoena is served.
(A) within 100 miles of where the person If an objection is made, the following rules apply:
resides, is employed, or regularly transacts business (i) At any time, on notice to the commanded
in person; or person, the serving party may move the court for
(B) within the state where the person resides, is the district where compliance is required for an
employed, or regularly transacts business in person, order compelling production or inspection.
if the person (ii) These acts may be required only as
(i) Is a person's party's officer; or directed in the order, and the order must protect a
(ii) Is commanded to attend a trial and would person who is neither a party nor a party’s officer
incur substantial expense. from significant expense resulting from
compliance.
(2) For Other Discovery: A subpoena may
command: (3) Quashing or Modifying a Subpoena.

(A) production of documents, electronically (A) When Required. On timely motion, the court for
stored information, or tangible things at a place the district where compliance is required must
within 100 miles of where the person resides, is quash or modify a subpoena that:
employed, or regularly transacts business in person;
and (i) fails to allow a reasonable time to comply;
(B) inspection of premises at the premises to be (ii) requires a person to comply beyond the
inspected. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(d) Protecting a Person Subject to a Subpoena; protected matter, if no exception or waiver applies;
Enforcement. or
(iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense;
Sanctions. A party or attorney responsible for (B) When Permitted. To protect a person subject
issuing and serving a subpoena must take to or affected by a subpoena, the court for the
reasonable steps to avoid imposing undue burden or district where compliance is required may, on
expense on a person subject to the subpoena. The motion, quash or modify the subpoena if it requires:
court for the district where compliance is required (i) disclosing a trade secret or other confidential
must enforce this duty and impose an appropriate research, development, or commercial information;
sanction—which may include lost earnings and or
reasonable attorney’s fees—on a party or attorney (ii) disclosing an unretained expert’s opinion or
who fails to comply. information that does not describe specific
occurrences in dispute and results from the expert’s
(2) Command to Produce Materials or Permit study that was not requested by a party.
Inspection. (C) Specifying Conditions as an Alternative. In
the circumstances described in Rule 45(d)(3)(B),
(A) Appearance Not Required. A person the court may, instead of quashing or modifying a
commanded to produce documents, electronically subpoena, order appearance or production under
stored information, or tangible things, or to permit specified conditions if the serving party:
the inspection of premises, need not appear in (i) shows a substantial need for the testimony
person at the place of production or inspection or material that cannot be otherwise met without
unless also commanded to appear for a deposition, undue hardship; and
hearing, or trial. (ii) ensures that the subpoenaed person will be
(B) Objections. A person commanded to reasonably compensated.
produce documents or tangible things or to permit
inspection may serve on the party or attorney
designated in the subpoena a written objection to (e) Duties in Responding to a Subpoena.
inspecting, copying, testing, or sampling any or all

Certified Mail #: 7016 1970 0000 0900 3313
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(1) Producing Documents or Electronically Stored (2) Claiming Privilege or Protection.
Information. These procedures apply to producing
documents or electronically stored information: (A) Information Withheld. A person
withholding subpoenaed information under a claim
(A) Documents. A person responding to a that it is privileged or subject to protection as trial-
subpoena to produce documents must produce them preparation material must:
as they are kept in the ordinary course of business (i) expressly make the claim; and
or must organize and label them to correspond to (ii) describe the nature of the withheld
the categories in the demand. documents, communications, or tangible things in a
manner that, without revealing information itself
(B) Form for Producing Electronically Stored privileged or protected, will enable the parties to
Information Not Specified. If a subpoena does not assess the claim.
specify a form for producing electronically stored (B) Information Produced. If information
information, the person responding must produce it produced in response to a subpoena is subject to a
in a form or forms in which it is ordinarily claim of privilege or of protection as trial-
maintained or in a reasonably usable form or forms. preparation material, the person making the claim
may notify any party that received the information
(C) Electronically Stored Information Produced of the claim and the basis for it. After being
in Only One Form. The person responding need not notified, a party must promptly return, sequester, or
produce the same electronically stored information destroy the specified information and any copies it
in more than one form. has; must not use or disclose the information until
the claim is resolved; must take reasonable steps to
(D) Inaccessible Electronically Stored retrieve the information if the party disclosed it
Information. The person responding need not before being notified; and may promptly present
provide discovery of electronically stored the information under seal to the court for the
information from sources that the person identifies district where compliance is required for a
as not reasonably accessible because of undue determination of the claim. The person who
burden or cost. On motion to compel discovery or produced the information must preserve the
for a protective order, the person responding must information until the claim is resolved.
show that the information is not reasonably
accessible because of undue burden or cost. If that (g) Contempt.
showing is made, the court may nonetheless order
discovery from such sources if the requesting party The court for the district where compliance is
shows good cause, considering the limitations of required—and also, after a motion is transferred,
Rule the issuing court—may hold in contempt a person
26(b)(2)(C). The court may specify conditions for who, having been served, fails without adequate
the discovery. excuse to obey the subpoena or an order related to
it.

Certified Mail #: 7016 1970 0000 0900 3313
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Case Number: 3:16-cv-05738-WHA

Maxmind Geolocation Trace City: Monterey, CA

ISP Response Trace City: Monterey, CA

Correct District: Yes

Date Filed: October 6, 2016

Voluntary Dismissal: Plaintiff dismissed this case on April 6, 2017 because Defendant’s
ISP's subpoena response revealed that the John Doe Defendant was also a Defendant in
another Malibu case (3:16-cv-6240-WHA). Accordingly, Plaintiff determined that it
would proceed against this Defendant in the other case.

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1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-05738 WHA
11
United States District Court

Plaintiff,
12
For the Northern District of California

v. ORDER GRANTING EX PARTE
13 MOTION FOR LEAVE TO SERVE
JOHN DOE subscriber assigned IP THIRD-PARTY SUBPOENA PRIOR
14 Address 108.194.46.141, TO RULE 26(f) CONFERENCE

15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various

18 pornographic films and that John Doe defendant directly infringed those copyrights by

19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now

20 seeks leave to serve a subpoena on third-party AT&T Internet Services, in order to ascertain the

21 identity of the subscriber using that IP address prior to a Rule 26(f) conference.

22 Malibu Media’s motion is hereby GRANTED. This is without prejudice to any motions

23 to quash or modify the subpoena that may be filed by any interested party, including AT&T or

24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:

25 • The subpoena shall only request the actual name and address of the
subscriber to whom AT&T assigned the above-captioned IP address.
26 • The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
• Malibu Media shall attach a copy of this order to the subpoena.

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1 • Malibu Media may not use any information disclosed by AT&T for any
purpose other than protecting its rights as set forth in the complaint.
2
• AT&T shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on AT&T.
4
• The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on AT&T. AT&T shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform AT&T if any such motion is filed.
8 • Malibu Media shall not disclose defendant’s name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendant’s IP address, that it may subsequently
learn. All documents including defendant’s identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court

challenge the disclosure of any identifying information. Malibu Media
12 explicitly consented to the inclusion of such a protection in its motion.
For the Northern District of California

13 • Unless otherwise provided, both sides may file under seal any of
defendant’s identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
• Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides AT&T in this matter.
17 • Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendant’s identifying information from AT&T (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendant’s identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendant’s identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 • If Malibu Media learns, whether through subpoena response or other
communication, that defendant’s IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.

26
27
28

2
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1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court

12
For the Northern District of California

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action

UNITED STATES DISTRICT COURT
for the Northern District of California

MALIBU MEDIA, LLC Civil Action No: 3:16-cv-05738-WHA
Plaintiff

v.

John Doe subscriber assigned to IP address
108.194.46.141,

Defendant.

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO
PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION

To: AT&T Internet Services
Legal Compliance
11760 Highway 1
Suite 600
North Palm Beach, FL. 33408
Facsimile: (888) 938-4715
E-mail: compcent@att.com

[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth
below the following documents, electronically stored information, or objects, and permit their
inspection, copying, testing, or sampling of the material:

Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:

IP Address Date/Time
UTC
108.194.46.141 04/19/2016
21:35:40

Place: Henrik Mosesi, Esq. Date and Time:
433 N. Camden Drive., 6th Floor March 24, 2017 @ 9:30 a.m.
Beverly Hills, 90210
Telephone: (310) 734-4269

[ ] Inspection of Premises: YOU ARE 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 the property or any designated object or operation on it.

Place: Date and Time:

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The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and
the potential consequences of not doing so.

Date: 2/6/17
CLERK OF COURT

____________________________ OR /s/ Henrik Mosesi,
Esq.
Signature of Clerk or Deputy Clerk Henrik Mosesi, Esq.

The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who
issues or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor,
Beverly Hills, CA 90210 – Telephone: (310) 734-4269- E-mail: henry@mosesi.com

Notice to the person who issues or requests this subpoena
If this subpoena commands the production of documents, electronically stored
information, or tangible things or the inspection of premises before trial, a notice and a
copy of the subpoena must be served on each party in this case before it is served on the
person to whom it is directed. Fed. R. Civ. P. 45(a)(4).

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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)

Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. of the materials or to inspecting the premises—or to
producing electronically stored information in the
(1) For a Trial, Hearing, or Deposition. A form or forms requested. The objection must be
subpoena may command a person to attend a trial, served before the earlier of the time specified for
hearing, or deposition only as follows: compliance or 14 days after the subpoena is served.
(A) within 100 miles of where the person If an objection is made, the following rules apply:
resides, is employed, or regularly transacts business (i) At any time, on notice to the commanded
in person; or person, the serving party may move the court for
(B) within the state where the person resides, is the district where compliance is required for an
employed, or regularly transacts business in person, order compelling production or inspection.
if the person (ii) These acts may be required only as
(i) Is a person's party's officer; or directed in the order, and the order must protect a
(ii) Is commanded to attend a trial and would person who is neither a party nor a party’s officer
incur substantial expense. from significant expense resulting from
compliance.
(2) For Other Discovery: A subpoena may
command: (3) Quashing or Modifying a Subpoena.

(A) production of documents, electronically (A) When Required. On timely motion, the court for
stored information, or tangible things at a place the district where compliance is required must
within 100 miles of where the person resides, is quash or modify a subpoena that:
employed, or regularly transacts business in person;
and (i) fails to allow a reasonable time to comply;
(B) inspection of premises at the premises to be (ii) requires a person to comply beyond the
inspected. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(d) Protecting a Person Subject to a Subpoena; protected matter, if no exception or waiver applies;
Enforcement. or
(iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense;
Sanctions. A party or attorney responsible for (B) When Permitted. To protect a person subject
issuing and serving a subpoena must take to or affected by a subpoena, the court for the
reasonable steps to avoid imposing undue burden or district where compliance is required may, on
expense on a person subject to the subpoena. The motion, quash or modify the subpoena if it requires:
court for the district where compliance is required (i) disclosing a trade secret or other confidential
must enforce this duty and impose an appropriate research, development, or commercial information;
sanction—which may include lost earnings and or
reasonable attorney’s fees—on a party or attorney (ii) disclosing an unretained expert’s opinion or
who fails to comply. information that does not describe specific
occurrences in dispute and results from the expert’s
(2) Command to Produce Materials or Permit study that was not requested by a party.
Inspection. (C) Specifying Conditions as an Alternative. In
the circumstances described in Rule 45(d)(3)(B),
(A) Appearance Not Required. A person the court may, instead of quashing or modifying a
commanded to produce documents, electronically subpoena, order appearance or production under
stored information, or tangible things, or to permit specified conditions if the serving party:
the inspection of premises, need not appear in (i) shows a substantial need for the testimony
person at the place of production or inspection or material that cannot be otherwise met without
unless also commanded to appear for a deposition, undue hardship; and
hearing, or trial. (ii) ensures that the subpoenaed person will be
(B) Objections. A person commanded to reasonably compensated.
produce documents or tangible things or to permit
inspection may serve on the party or attorney
designated in the subpoena a written objection to (e) Duties in Responding to a Subpoena.
inspecting, copying, testing, or sampling any or all

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(1) Producing Documents or Electronically Stored (2) Claiming Privilege or Protection.
Information. These procedures apply to producing
documents or electronically stored information: (A) Information Withheld. A person
withholding subpoenaed information under a claim
(A) Documents. A person responding to a that it is privileged or subject to protection as trial-
subpoena to produce documents must produce them preparation material must:
as they are kept in the ordinary course of business (i) expressly make the claim; and
or must organize and label them to correspond to (ii) describe the nature of the withheld
the categories in the demand. documents, communications, or tangible things in a
manner that, without revealing information itself
(B) Form for Producing Electronically Stored privileged or protected, will enable the parties to
Information Not Specified. If a subpoena does not assess the claim.
specify a form for producing electronically stored (B) Information Produced. If information
information, the person responding must produce it produced in response to a subpoena is subject to a
in a form or forms in which it is ordinarily claim of privilege or of protection as trial-
maintained or in a reasonably usable form or forms. preparation material, the person making the claim
may notify any party that received the information
(C) Electronically Stored Information Produced of the claim and the basis for it. After being
in Only One Form. The person responding need not notified, a party must promptly return, sequester, or
produce the same electronically stored information destroy the specified information and any copies it
in more than one form. has; must not use or disclose the information until
the claim is resolved; must take reasonable steps to
(D) Inaccessible Electronically Stored retrieve the information if the party disclosed it
Information. The person responding need not before being notified; and may promptly present
provide discovery of electronically stored the information under seal to the court for the
information from sources that the person identifies district where compliance is required for a
as not reasonably accessible because of undue determination of the claim. The person who
burden or cost. On motion to compel discovery or produced the information must preserve the
for a protective order, the person responding must information until the claim is resolved.
show that the information is not reasonably
accessible because of undue burden or cost. If that (g) Contempt.
showing is made, the court may nonetheless order
discovery from such sources if the requesting party The court for the district where compliance is
shows good cause, considering the limitations of required—and also, after a motion is transferred,
Rule the issuing court—may hold in contempt a person
26(b)(2)(C). The court may specify conditions for who, having been served, fails without adequate
the discovery. excuse to obey the subpoena or an order related to
it.

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Case Number: 3:16-cv-5975-WHA

Maxmind Geolocation Trace City: Sunnyvale, CA

ISP Response Trace City: Sunnyvale, CA

Correct District: Yes

Date Filed: October 17, 2016

Status: Plaintiff received the Defendant’s identifying information on April 24, 2017.
Plaintiff immediately conducted an investigation and determined that the evidence
strongly indicated that the subscriber was the infringer. Specifically, Plaintiff’s
additional evidence contained information that the Defendant was downloading consumer
report magazines, Harvard business review, data analytic management system software,
and e-books focused on marketing and growing a business. The subscriber is CEO of
what appears to be a start up tech company.

On April 28, 2017, Plaintiff filed its Amended Complaint under seal. See CM/ECF 18.
And, on May 8, 2017, Plaintiff received its summons. See CM/ECF 21. Plaintiff’s rule
4(m) deadline to serve the defendant is May 28, 2017. This Order to Show Cause
followed.

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1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-05975 WHA
11
United States District Court

Plaintiff,
12
For the Northern District of California

v. ORDER GRANTING EX PARTE
13 MOTION FOR LEAVE TO SERVE
JOHN DOE subscriber assigned IP THIRD-PARTY SUBPOENA PRIOR
14 Address 108.228.12.17, TO RULE 26(f) CONFERENCE

15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various

18 pornographic films and that John Doe defendant directly infringed those copyrights by

19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now

20 seeks leave to serve a subpoena on third-party AT&T Internet Services, in order to ascertain the

21 identity of the subscriber using that IP address prior to a Rule 26(f) conference.

22 Malibu Media’s motion is hereby GRANTED. This is without prejudice to any motions

23 to quash or modify the subpoena that may be filed by any interested party, including AT&T or

24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:

25 • The subpoena shall only request the actual name and address of the
subscriber to whom AT&T assigned the above-captioned IP address.
26 • The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
• Malibu Media shall attach a copy of this order to the subpoena.

149
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1 • Malibu Media may not use any information disclosed by AT&T for any
purpose other than protecting its rights as set forth in the complaint.
2
• AT&T shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on AT&T.
4
• The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on AT&T. AT&T shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform AT&T if any such motion is filed.
8 • Malibu Media shall not disclose defendant’s name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendant’s IP address, that it may subsequently
learn. All documents including defendant’s identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court

challenge the disclosure of any identifying information. Malibu Media
12 explicitly consented to the inclusion of such a protection in its motion.
For the Northern District of California

13 • Unless otherwise provided, both sides may file under seal any of
defendant’s identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
• Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides AT&T in this matter.
17 • Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendant’s identifying information from AT&T (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendant’s identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendant’s identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 • If Malibu Media learns, whether through subpoena response or other
communication, that defendant’s IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.

26
27
28

2
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1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court

12
For the Northern District of California

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action

UNITED STATES DISTRICT COURT
for the Northern District of California

MALIBU MEDIA, LLC Civil Action No: 3:16-cv-05975-WHA
Plaintiff

v.

John Doe subscriber assigned to IP address
108.228.12.17,

Defendant.

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO
PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION

To: AT&T Internet Services
Legal Compliance
11760 Highway 1
Suite 600
North Palm Beach, FL. 33408
Facsimile: (888) 938-4715
E-mail: compcent@att.com

[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth
below the following documents, electronically stored information, or objects, and permit their
inspection, copying, testing, or sampling of the material:

Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:

IP Address Date/Time
UTC
108.228.12.17 06/23/2016
01:42:05

Place: Henrik Mosesi, Esq. Date and Time:
433 N. Camden Drive., 6th Floor March 24, 2017 @ 9:30 a.m.
Beverly Hills, 90210
Telephone: (310) 734-4269

[ ] Inspection of Premises: YOU ARE 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 the property or any designated object or operation on it.

Place: Date and Time:

152
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The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and
the potential consequences of not doing so.

Date: 2/6/17
CLERK OF COURT

____________________________ OR /s/ Henrik Mosesi,
Esq.
Signature of Clerk or Deputy Clerk Henrik Mosesi, Esq.

The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who
issues or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor,
Beverly Hills, CA 90210 – Telephone: (310) 734-4269- E-mail: henry@mosesi.com

Notice to the person who issues or requests this subpoena
If this subpoena commands the production of documents, electronically stored
information, or tangible things or the inspection of premises before trial, a notice and a
copy of the subpoena must be served on each party in this case before it is served on the
person to whom it is directed. Fed. R. Civ. P. 45(a)(4).

153
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)

Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. of the materials or to inspecting the premises—or to
producing electronically stored information in the
(1) For a Trial, Hearing, or Deposition. A form or forms requested. The objection must be
subpoena may command a person to attend a trial, served before the earlier of the time specified for
hearing, or deposition only as follows: compliance or 14 days after the subpoena is served.
(A) within 100 miles of where the person If an objection is made, the following rules apply:
resides, is employed, or regularly transacts business (i) At any time, on notice to the commanded
in person; or person, the serving party may move the court for
(B) within the state where the person resides, is the district where compliance is required for an
employed, or regularly transacts business in person, order compelling production or inspection.
if the person (ii) These acts may be required only as
(i) Is a person's party's officer; or directed in the order, and the order must protect a
(ii) Is commanded to attend a trial and would person who is neither a party nor a party’s officer
incur substantial expense. from significant expense resulting from
compliance.
(2) For Other Discovery: A subpoena may
command: (3) Quashing or Modifying a Subpoena.

(A) production of documents, electronically (A) When Required. On timely motion, the court for
stored information, or tangible things at a place the district where compliance is required must
within 100 miles of where the person resides, is quash or modify a subpoena that:
employed, or regularly transacts business in person;
and (i) fails to allow a reasonable time to comply;
(B) inspection of premises at the premises to be (ii) requires a person to comply beyond the
inspected. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(d) Protecting a Person Subject to a Subpoena; protected matter, if no exception or waiver applies;
Enforcement. or
(iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense;
Sanctions. A party or attorney responsible for (B) When Permitted. To protect a person subject
issuing and serving a subpoena must take to or affected by a subpoena, the court for the
reasonable steps to avoid imposing undue burden or district where compliance is required may, on
expense on a person subject to the subpoena. The motion, quash or modify the subpoena if it requires:
court for the district where compliance is required (i) disclosing a trade secret or other confidential
must enforce this duty and impose an appropriate research, development, or commercial information;
sanction—which may include lost earnings and or
reasonable attorney’s fees—on a party or attorney (ii) disclosing an unretained expert’s opinion or
who fails to comply. information that does not describe specific
occurrences in dispute and results from the expert’s
(2) Command to Produce Materials or Permit study that was not requested by a party.
Inspection. (C) Specifying Conditions as an Alternative. In
the circumstances described in Rule 45(d)(3)(B),
(A) Appearance Not Required. A person the court may, instead of quashing or modifying a
commanded to produce documents, electronically subpoena, order appearance or production under
stored information, or tangible things, or to permit specified conditions if the serving party:
the inspection of premises, need not appear in (i) shows a substantial need for the testimony
person at the place of production or inspection or material that cannot be otherwise met without
unless also commanded to appear for a deposition, undue hardship; and
hearing, or trial. (ii) ensures that the subpoenaed person will be
(B) Objections. A person commanded to reasonably compensated.
produce documents or tangible things or to permit
inspection may serve on the party or attorney
designated in the subpoena a written objection to (e) Duties in Responding to a Subpoena.
inspecting, copying, testing, or sampling any or all

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(1) Producing Documents or Electronically Stored (2) Claiming Privilege or Protection.
Information. These procedures apply to producing
documents or electronically stored information: (A) Information Withheld. A person
withholding subpoenaed information under a claim
(A) Documents. A person responding to a that it is privileged or subject to protection as trial-
subpoena to produce documents must produce them preparation material must:
as they are kept in the ordinary course of business (i) expressly make the claim; and
or must organize and label them to correspond to (ii) describe the nature of the withheld
the categories in the demand. documents, communications, or tangible things in a
manner that, without revealing information itself
(B) Form for Producing Electronically Stored privileged or protected, will enable the parties to
Information Not Specified. If a subpoena does not assess the claim.
specify a form for producing electronically stored (B) Information Produced. If information
information, the person responding must produce it produced in response to a subpoena is subject to a
in a form or forms in which it is ordinarily claim of privilege or of protection as trial-
maintained or in a reasonably usable form or forms. preparation material, the person making the claim
may notify any party that received the information
(C) Electronically Stored Information Produced of the claim and the basis for it. After being
in Only One Form. The person responding need not notified, a party must promptly return, sequester, or
produce the same electronically stored information destroy the specified information and any copies it
in more than one form. has; must not use or disclose the information until
the claim is resolved; must take reasonable steps to
(D) Inaccessible Electronically Stored retrieve the information if the party disclosed it
Information. The person responding need not before being notified; and may promptly present
provide discovery of electronically stored the information under seal to the court for the
information from sources that the person identifies district where compliance is required for a
as not reasonably accessible because of undue determination of the claim. The person who
burden or cost. On motion to compel discovery or produced the information must preserve the
for a protective order, the person responding must information until the claim is resolved.
show that the information is not reasonably
accessible because of undue burden or cost. If that (g) Contempt.
showing is made, the court may nonetheless order
discovery from such sources if the requesting party The court for the district where compliance is
shows good cause, considering the limitations of required—and also, after a motion is transferred,
Rule the issuing court—may hold in contempt a person
26(b)(2)(C). The court may specify conditions for who, having been served, fails without adequate
the discovery. excuse to obey the subpoena or an order related to
it.

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Case Number: 3:16-cv-5921-WHA

Maxmind Geolocation Trace City: Salinas, CA

ISP Response Trace City: Salinas, CA

Correct District: Yes

Date Filed: October 13, 2016

Voluntary Dismissal: Plaintiff received Defendant’s name on March 28, 2017 and on
April 17, 2017 Plaintiff filed a voluntary dismissal. After an investigation, Plaintiff
determined that it was not in Plaintiff’s, nor Defendant’s, best interests to move forward
with litigation. Indeed, its investigation revealed that Defendant was likely struggling
financially and still lived with his parents.

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1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-05921 WHA
11
United States District Court

Plaintiff,
12
For the Northern District of California

v. ORDER GRANTING EX PARTE
13 MOTION FOR LEAVE TO SERVE
JOHN DOE subscriber assigned IP THIRD-PARTY SUBPOENA PRIOR
14 Address 108.239.176.87, TO RULE 26(f) CONFERENCE

15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various

18 pornographic films and that John Doe defendant directly infringed those copyrights by

19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now

20 seeks leave to serve a subpoena on third-party AT&T Internet Services, in order to ascertain the

21 identity of the subscriber using that IP address prior to a Rule 26(f) conference.

22 Malibu Media’s motion is hereby GRANTED. This is without prejudice to any motions

23 to quash or modify the subpoena that may be filed by any interested party, including AT&T or

24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:

25 • The subpoena shall only request the actual name and address of the
subscriber to whom AT&T assigned the above-captioned IP address.
26 • The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
• Malibu Media shall attach a copy of this order to the subpoena.

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1 • Malibu Media may not use any information disclosed by AT&T for any
purpose other than protecting its rights as set forth in the complaint.
2
• AT&T shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on AT&T.
4
• The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on AT&T. AT&T shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform AT&T if any such motion is filed.
8 • Malibu Media shall not disclose defendant’s name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendant’s IP address, that it may subsequently
learn. All documents including defendant’s identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court

challenge the disclosure of any identifying information. Malibu Media
12 explicitly consented to the inclusion of such a protection in its motion.
For the Northern District of California

13 • Unless otherwise provided, both sides may file under seal any of
defendant’s identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
• Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides AT&T in this matter.
17 • Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendant’s identifying information from AT&T (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendant’s identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendant’s identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 • If Malibu Media learns, whether through subpoena response or other
communication, that defendant’s IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.

26
27
28

2
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1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court

12
For the Northern District of California

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action

UNITED STATES DISTRICT COURT
for the Northern District of California

MALIBU MEDIA, LLC Civil Action No: 3:16-cv-05921-WHA
Plaintiff

v.

John Doe subscriber assigned to IP address
108.239.176.87,

Defendant.

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT
INSPECTION OF PREMISES IN A CIVIL ACTION

To: AT&T Internet Services
Legal Compliance
11760 Highway 1
Suite 600
North Palm Beach, FL. 33408
Facsimile: (888) 938-4715
E-mail: compcent@att.com

[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth
below the following documents, electronically stored information, or objects, and permit their
inspection, copying, testing, or sampling of the material:

Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:

IP Address Date/Time
UTC
108.239.176.87 06/08/2016
03:47:47

Place: Henrik Mosesi, Esq. Date and Time:
433 N. Camden Drive., 6th Floor March 24, 2017 @ 9:30 a.m.
Beverly Hills, 90210
Telephone: (310) 734-4269

[ ] Inspection of Premises: YOU ARE 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
the property or any designated object or operation on it.

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Place: Date and Time:

The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the
potential consequences of not doing so.

Date: 2/6/17
CLERK OF COURT

____________________________ OR /s/ Henrik Mosesi, Esq.
Signature of Clerk or Deputy Clerk Henrik Mosesi, Esq.

The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues or
requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly Hills, CA
90210 – Telephone: (310) 734-4269- E-mail: henry@mosesi.com

Notice to the person who issues or requests this subpoena
If this subpoena commands the production of documents, electronically stored information, or
tangible things or the inspection of premises before trial, a notice and a copy of the subpoena
must be served on each party in this case before it is served on the person to whom it is directed.
Fed. R. Civ. P. 45(a)(4).

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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (page 3)

Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)

(c) Place of Compliance. inspection may serve on the party or attorney
designated in the subpoena a written objection to
(1) For a Trial, Hearing, or Deposition. A inspecting, copying, testing, or sampling any or all
subpoena may command a person to attend a trial, of the materials or to inspecting the premises—or to
hearing, or deposition only as follows: producing electronically stored information in the
(A) within 100 miles of where the person form or forms requested. The objection must be
resides, is employed, or regularly transacts business served before the earlier of the time specified for
in person; or compliance or 14 days after the subpoena is served.
(B) within the state where the person resides, is If an objection is made, the following rules apply:
employed, or regularly transacts business in person, (i) At any time, on notice to the commanded
if the person person, the serving party may move the court for
(i) Is a person's party's officer; or the district where compliance is required for an
(ii) Is commanded to attend a trial and would order compelling production or inspection.
incur substantial expense. (ii) These acts may be required only as
directed in the order, and the order must protect a
(2) For Other Discovery: A subpoena may person who is neither a party nor a party’s officer
command: from significant expense resulting from
compliance.
(A) production of documents, electronically
stored information, or tangible things at a place (3) Quashing or Modifying a Subpoena.
within 100 miles of where the person resides, is
employed, or regularly transacts business in person; (A) When Required. On timely motion, the court for
and the district where compliance is required must
(B) inspection of premises at the premises to be quash or modify a subpoena that:
inspected.
(i) fails to allow a reasonable time to comply;
(d) Protecting a Person Subject to a Subpoena; (ii) requires a person to comply beyond the
Enforcement. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(1) Avoiding Undue Burden or Expense; protected matter, if no exception or waiver applies;
Sanctions. A party or attorney responsible for or
issuing and serving a subpoena must take (iv) subjects a person to undue burden.
reasonable steps to avoid imposing undue burden or
expense on a person subject to the subpoena. The (B) When Permitted. To protect a person subject
court for the district where compliance is required to or affected by a subpoena, the court for the
must enforce this duty and impose an appropriate district where compliance is required may, on
sanction—which may include lost earnings and motion, quash or modify the subpoena if it requires:
reasonable attorney’s fees—on a party or attorney (i) disclosing a trade secret or other confidential
who fails to comply. research, development, or commercial information;
or
(2) Command to Produce Materials or Permit (ii) disclosing an unretained expert’s opinion or
Inspection. information that does not describe specific
occurrences in dispute and results from the expert’s
(A) Appearance Not Required. A person study that was not requested by a party.
commanded to produce documents, electronically (C) Specifying Conditions as an Alternative. In
stored information, or tangible things, or to permit the circumstances described in Rule 45(d)(3)(B),
the inspection of premises, need not appear in the court may, instead of quashing or modifying a
person at the place of production or inspection subpoena, order appearance or production under
unless also commanded to appear for a deposition, specified conditions if the serving party:
hearing, or trial. (i) shows a substantial need for the testimony
(B) Objections. A person commanded to or material that cannot be otherwise met without
produce documents or tangible things or to permit undue hardship; and

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(ii) ensures that the subpoenaed person will be the discovery.
reasonably compensated.
(2) Claiming Privilege or Protection.
(e) Duties in Responding to a Subpoena.
(A) Information Withheld. A person
(1) Producing Documents or Electronically Stored withholding subpoenaed information under a claim
Information. These procedures apply to producing that it is privileged or subject to protection as trial-
documents or electronically stored information: preparation material must:
(i) expressly make the claim; and
(A) Documents. A person responding to a (ii) describe the nature of the withheld
subpoena to produce documents must produce them documents, communications, or tangible things in a
as they are kept in the ordinary course of business manner that, without revealing information itself
or must organize and label them to correspond to privileged or protected, will enable the parties to
the categories in the demand. assess the claim.
(B) Information Produced. If information
(B) Form for Producing Electronically Stored produced in response to a subpoena is subject to a
Information Not Specified. If a subpoena does not claim of privilege or of protection as trial-
specify a form for producing electronically stored preparation material, the person making the claim
information, the person responding must produce it may notify any party that received the information
in a form or forms in which it is ordinarily of the claim and the basis for it. After being
maintained or in a reasonably usable form or forms. notified, a party must promptly return, sequester, or
destroy the specified information and any copies it
(C) Electronically Stored Information Produced has; must not use or disclose the information until
in Only One Form. The person responding need not the claim is resolved; must take reasonable steps to
produce the same electronically stored information retrieve the information if the party disclosed it
in more than one form. before being notified; and may promptly present
the information under seal to the court for the
(D) Inaccessible Electronically Stored district where compliance is required for a
Information. The person responding need not determination of the claim. The person who
provide discovery of electronically stored produced the information must preserve the
information from sources that the person identifies information until the claim is resolved.
as not reasonably accessible because of undue
burden or cost. On motion to compel discovery or (g) Contempt.
for a protective order, the person responding must
show that the information is not reasonably The court for the district where compliance is
accessible because of undue burden or cost. If that required—and also, after a motion is transferred,
showing is made, the court may nonetheless order the issuing court—may hold in contempt a person
discovery from such sources if the requesting party who, having been served, fails without adequate
shows good cause, considering the limitations of excuse to obey the subpoena or an order related to
Rule it.
26(b)(2)(C). The court may specify conditions for

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Case Number: 3:16-cv-6155-WHA

Maxmind Geolocation Trace City: Burlingame, CA

ISP Response Trace City: N/A

Correct District: N/A

Date Filed: October 25, 2016

Voluntary Dismissal: Plaintiff dismissed this case on February 27, 2017 after it was
notified that AT&T could not identify the defendant.

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1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-06155 WHA
11
United States District Court

Plaintiff,
12
For the Northern District of California

v. ORDER GRANTING EX PARTE
13 MOTION FOR LEAVE TO SERVE
JOHN DOE subscriber assigned IP THIRD-PARTY SUBPOENA PRIOR
14 Address 108.242.182.35, TO RULE 26(f) CONFERENCE

15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various

18 pornographic films and that John Doe defendant directly infringed those copyrights by

19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now

20 seeks leave to serve a subpoena on third-party AT&T Internet Services, in order to ascertain the

21 identity of the subscriber using that IP address prior to a Rule 26(f) conference.

22 Malibu Media’s motion is hereby GRANTED. This is without prejudice to any motions

23 to quash or modify the subpoena that may be filed by any interested party, including AT&T or

24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:

25 • The subpoena shall only request the actual name and address of the
subscriber to whom AT&T assigned the above-captioned IP address.
26 • The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
• Malibu Media shall attach a copy of this order to the subpoena.

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1 • Malibu Media may not use any information disclosed by AT&T for any
purpose other than protecting its rights as set forth in the complaint.
2
• AT&T shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on AT&T.
4
• The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on AT&T. AT&T shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform AT&T if any such motion is filed.
8 • Malibu Media shall not disclose defendant’s name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendant’s IP address, that it may subsequently
learn. All documents including defendant’s identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court

challenge the disclosure of any identifying information. Malibu Media
12 explicitly consented to the inclusion of such a protection in its motion.
For the Northern District of California

13 • Unless otherwise provided, both sides may file under seal any of
defendant’s identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
• Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides AT&T in this matter.
17 • Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendant’s identifying information from AT&T (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendant’s identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendant’s identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 • If Malibu Media learns, whether through subpoena response or other
communication, that defendant’s IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.

26
27
28

2
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1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court

12
For the Northern District of California

13
14
15
16
17
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action

UNITED STATES DISTRICT COURT
for the Northern District of California

MALIBU MEDIA, LLC Civil Action No: 3:16-cv-06155-WHA
Plaintiff

v.

John Doe subscriber assigned to IP address
108.242.182.35,

Defendant.

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO
PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION

To: AT&T Internet Services
Legal Compliance
11760 Highway 1
Suite 600
North Palm Beach, FL. 33408
Facsimile: (888) 938-4715
E-mail: compcent@att.com

[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth
below the following documents, electronically stored information, or objects, and permit their
inspection, copying, testing, or sampling of the material:

Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:

IP Address Date/Time
UTC
108.242.182.35 07/04/2016
02:25:25

Place: Henrik Mosesi, Esq. Date and Time:
433 N. Camden Drive., 6th Floor March 24, 2017 @ 9:30 a.m.
Beverly Hills, 90210
Telephone: (310) 734-4269

[ ] Inspection of Premises: YOU ARE 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 the property or any designated object or operation on it.

Place: Date and Time:

192
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The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and
the potential consequences of not doing so.

Date: 2/6/17
CLERK OF COURT

____________________________ OR /s/ Henrik Mosesi,
Esq.
Signature of Clerk or Deputy Clerk Henrik Mosesi, Esq.

The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who
issues or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor,
Beverly Hills, CA 90210 – Telephone: (310) 734-4269- E-mail: henry@mosesi.com

Notice to the person who issues or requests this subpoena
If this subpoena commands the production of documents, electronically stored
information, or tangible things or the inspection of premises before trial, a notice and a
copy of the subpoena must be served on each party in this case before it is served on the
person to whom it is directed. Fed. R. Civ. P. 45(a)(4).

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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)

Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)

(c) Place of Compliance. producing electronically stored information in the
form or forms requested. The objection must be
(1) For a Trial, Hearing, or Deposition. A served before the earlier of the time specified for
subpoena may command a person to attend a trial, compliance or 14 days after the subpoena is served.
hearing, or deposition only as follows: If an objection is made, the following rules apply:
(A) within 100 miles of where the person (i) At any time, on notice to the commanded
resides, is employed, or regularly transacts business person, the serving party may move the court for
in person; or the district where compliance is required for an
(B) within the state where the person resides, is order compelling production or inspection.
employed, or regularly transacts business in person, (ii) These acts may be required only as
if the person directed in the order, and the order must protect a
(i) Is a person's party's officer; or person who is neither a party nor a party’s officer
(ii) Is commanded to attend a trial and would from significant expense resulting from
incur substantial expense. compliance.

(2) For Other Discovery: A subpoena may (3) Quashing or Modifying a Subpoena.
command:
(A) When Required. On timely motion, the court for
(A) production of documents, electronically the district where compliance is required must
stored information, or tangible things at a place quash or modify a subpoena that:
within 100 miles of where the person resides, is
employed, or regularly transacts business in person; (i) fails to allow a reasonable time to comply;
and (ii) requires a person to comply beyond the
(B) inspection of premises at the premises to be geographical limits specified in Rule 45 ( c );
inspected. (iii) requires disclosure of privileged or other
protected matter, if no exception or waiver applies;
(d) Protecting a Person Subject to a Subpoena; or
Enforcement. (iv) subjects a person to undue burden.

(1) Avoiding Undue Burden or Expense; (B) When Permitted. To protect a person subject
Sanctions. A party or attorney responsible for to or affected by a subpoena, the court for the
issuing and serving a subpoena must take district where compliance is required may, on
reasonable steps to avoid imposing undue burden or motion, quash or modify the subpoena if it requires:
expense on a person subject to the subpoena. The (i) disclosing a trade secret or other confidential
court for the district where compliance is required research, development, or commercial information;
must enforce this duty and impose an appropriate or
sanction—which may include lost earnings and (ii) disclosing an unretained expert’s opinion or
reasonable attorney’s fees—on a party or attorney information that does not describe specific
who fails to comply. occurrences in dispute and results from the expert’s
study that was not requested by a party.
(2) Command to Produce Materials or Permit (C) Specifying Conditions as an Alternative. In
Inspection. the circumstances described in Rule 45(d)(3)(B),
the court may, instead of quashing or modifying a
(A) Appearance Not Required. A person subpoena, order appearance or production under
commanded to produce documents, electronically specified conditions if the serving party:
stored information, or tangible things, or to permit (i) shows a substantial need for the testimony
the inspection of premises, need not appear in or material that cannot be otherwise met without
person at the place of production or inspection undue hardship; and
unless also commanded to appear for a deposition, (ii) ensures that the subpoenaed person will be
hearing, or trial. reasonably compensated.
(B) Objections. A person commanded to
produce documents or tangible things or to permit (e) Duties in Responding to a Subpoena.
inspection may serve on the party or attorney
designated in the subpoena a written objection to (1) Producing Documents or Electronically Stored
inspecting, copying, testing, or sampling any or all Information. These procedures apply to producing
of the materials or to inspecting the premises—or to documents or electronically stored information:

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(A) Information Withheld. A person
(A) Documents. A person responding to a withholding subpoenaed information under a claim
subpoena to produce documents must produce them that it is privileged or subject to protection as trial-
as they are kept in the ordinary course of business preparation material must:
or must organize and label them to correspond to (i) expressly make the claim; and
the categories in the demand. (ii) describe the nature of the withheld
documents, communications, or tangible things in a
(B) Form for Producing Electronically Stored manner that, without revealing information itself
Information Not Specified. If a subpoena does not privileged or protected, will enable the parties to
specify a form for producing electronically stored assess the claim.
information, the person responding must produce it (B) Information Produced. If information
in a form or forms in which it is ordinarily produced in response to a subpoena is subject to a
maintained or in a reasonably usable form or forms. claim of privilege or of protection as trial-
preparation material, the person making the claim
(C) Electronically Stored Information Produced may notify any party that received the information
in Only One Form. The person responding need not of the claim and the basis for it. After being
produce the same electronically stored information notified, a party must promptly return, sequester, or
in more than one form. destroy the specified information and any copies it
has; must not use or disclose the information until
(D) Inaccessible Electronically Stored the claim is resolved; must take reasonable steps to
Information. The person responding need not retrieve the information if the party disclosed it
provide discovery of electronically stored before being notified; and may promptly present
information from sources that the person identifies the information under seal to the court for the
as not reasonably accessible because of undue district where compliance is required for a
burden or cost. On motion to compel discovery or determination of the claim. The person who
for a protective order, the person responding must produced the information must preserve the
show that the information is not reasonably information until the claim is resolved.
accessible because of undue burden or cost. If that
showing is made, the court may nonetheless order (g) Contempt.
discovery from such sources if the requesting party
shows good cause, considering the limitations of The court for the district where compliance is
Rule required—and also, after a motion is transferred,
26(b)(2)(C). The court may specify conditions for the issuing court—may hold in contempt a person
the discovery. who, having been served, fails without adequate
excuse to obey the subpoena or an order related to
(2) Claiming Privilege or Protection. it.

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Case Number: 3:16-cv-05739-WHA

Maxmind Geolocation Trace City: Clearlake, CA

ISP Response Trace City: Kelseyville, CA

Correct District: Yes

Date Filed: October 6, 2016

Voluntary Dismissal: Plaintiff filed a notice of voluntary dismissal on April 17, 2017
because after an investigation it determined that the defendant was an elderly woman.
Although it appeared as if one of her sons may have been the infringer, Plaintiff
determined not to proceed with its case because Plaintiff has stated in the past it does not
pursue cases against the elderly.

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Case
Case
3:16-cv-05975-WHA
3:16-cv-05739-WHA
Document
Document
27-313 Filed
Filed05/17/17
02/02/17 Page
Page208
1 ofof3798

1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-05739 WHA
11
United States District Court

Plaintiff,
12
For the Northern District of California

v. ORDER GRANTING EX PARTE
13 MOTION FOR LEAVE TO SERVE
JOHN DOE subscriber assigned IP THIRD-PARTY SUBPOENA PRIOR
14 Address 108.243.38.8, TO RULE 26(f) CONFERENCE

15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various

18 pornographic films and that John Doe defendant directly infringed those copyrights by

19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now

20 seeks leave to serve a subpoena on third-party AT&T Internet Services, in order to ascertain the

21 identity of the subscriber using that IP address prior to a Rule 26(f) conference.

22 Malibu Media’s motion is hereby GRANTED. This is without prejudice to any motions

23 to quash or modify the subpoena that may be filed by any interested party, including AT&T or

24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:

25 • The subpoena shall only request the actual name and address of the
subscriber to whom AT&T assigned the above-captioned IP address.
26 • The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
• Malibu Media shall attach a copy of this order to the subpoena.

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1 • Malibu Media may not use any information disclosed by AT&T for any
purpose other than protecting its rights as set forth in the complaint.
2
• AT&T shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on AT&T.
4
• The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on AT&T. AT&T shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform AT&T if any such motion is filed.
8 • Malibu Media shall not disclose defendant’s name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendant’s IP address, that it may subsequently
learn. All documents including defendant’s identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court

challenge the disclosure of any identifying information. Malibu Media
12 explicitly consented to the inclusion of such a protection in its motion.
For the Northern District of California

13 • Unless otherwise provided, both sides may file under seal any of
defendant’s identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
• Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides AT&T in this matter.
17 • Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendant’s identifying information from AT&T (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendant’s identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendant’s identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 • If Malibu Media learns, whether through subpoena response or other
communication, that defendant’s IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.

26
27
28

2
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1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court

12
For the Northern District of California

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action

UNITED STATES DISTRICT COURT
for the Northern District of California

MALIBU MEDIA, LLC Civil Action No: 3:16-cv-05739-WHA
Plaintiff

v.

John Doe subscriber assigned to IP address
108.243.38.8,

Defendant.

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO
PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION

To: AT&T Internet Services
Legal Compliance
11760 Highway 1
Suite 600
North Palm Beach, FL. 33408
Facsimile: (888) 938-4715
E-mail: compcent@att.com

[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth
below the following documents, electronically stored information, or objects, and permit their
inspection, copying, testing, or sampling of the material:

Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:

IP Address Date/Time
UTC
108.243.38.8 04/21/2016
11:31:25

Place: Henrik Mosesi, Esq. Date and Time:
433 N. Camden Drive., 6th Floor March 24, 2017 @ 9:30 a.m.
Beverly Hills, 90210
Telephone: (310) 734-4269

[ ] Inspection of Premises: YOU ARE 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 the property or any designated object or operation on it.

Place: Date and Time:

211
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The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and
the potential consequences of not doing so.

Date: 2/6/17
CLERK OF COURT

____________________________ OR /s/ Henrik Mosesi,
Esq.
Signature of Clerk or Deputy Clerk Henrik Mosesi, Esq.

The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who
issues or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor,
Beverly Hills, CA 90210 – Telephone: (310) 734-4269- E-mail: henry@mosesi.com

Notice to the person who issues or requests this subpoena
If this subpoena commands the production of documents, electronically stored
information, or tangible things or the inspection of premises before trial, a notice and a
copy of the subpoena must be served on each party in this case before it is served on the
person to whom it is directed. Fed. R. Civ. P. 45(a)(4).

212
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)

Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. inspecting, copying, testing, or sampling any or all
of the materials or to inspecting the premises—or to
(1) For a Trial, Hearing, or Deposition. A producing electronically stored information in the
subpoena may command a person to attend a trial, form or forms requested. The objection must be
hearing, or deposition only as follows: served before the earlier of the time specified for
(A) within 100 miles of where the person compliance or 14 days after the subpoena is served.
resides, is employed, or regularly transacts business If an objection is made, the following rules apply:
in person; or (i) At any time, on notice to the commanded
(B) within the state where the person resides, is person, the serving party may move the court for
employed, or regularly transacts business in person, the district where compliance is required for an
if the person order compelling production or inspection.
(i) Is a person's party's officer; or (ii) These acts may be required only as
(ii) Is commanded to attend a trial and would directed in the order, and the order must protect a
incur substantial expense. person who is neither a party nor a party’s officer
from significant expense resulting from
(2) For Other Discovery: A subpoena may compliance.
command:
(3) Quashing or Modifying a Subpoena.
(A) production of documents, electronically
stored information, or tangible things at a place (A) When Required. On timely motion, the court for
within 100 miles of where the person resides, is the district where compliance is required must
employed, or regularly transacts business in person; quash or modify a subpoena that:
and
(B) inspection of premises at the premises to be (i) fails to allow a reasonable time to comply;
inspected. (ii) requires a person to comply beyond the
geographical limits specified in Rule 45 ( c );
(d) Protecting a Person Subject to a Subpoena; (iii) requires disclosure of privileged or other
Enforcement. protected matter, if no exception or waiver applies;
or
(1) Avoiding Undue Burden or Expense; (iv) subjects a person to undue burden.
Sanctions. A party or attorney responsible for
issuing and serving a subpoena must take (B) When Permitted. To protect a person subject
reasonable steps to avoid imposing undue burden or to or affected by a subpoena, the court for the
expense on a person subject to the subpoena. The district where compliance is required may, on
court for the district where compliance is required motion, quash or modify the subpoena if it requires:
must enforce this duty and impose an appropriate (i) disclosing a trade secret or other confidential
sanction—which may include lost earnings and research, development, or commercial information;
reasonable attorney’s fees—on a party or attorney or
who fails to comply. (ii) disclosing an unretained expert’s opinion or
information that does not describe specific
(2) Command to Produce Materials or Permit occurrences in dispute and results from the expert’s
Inspection. study that was not requested by a party.
(C) Specifying Conditions as an Alternative. In
(A) Appearance Not Required. A person the circumstances described in Rule 45(d)(3)(B),
commanded to produce documents, electronically the court may, instead of quashing or modifying a
stored information, or tangible things, or to permit subpoena, order appearance or production under
the inspection of premises, need not appear in specified conditions if the serving party:
person at the place of production or inspection (i) shows a substantial need for the testimony
unless also commanded to appear for a deposition, or material that cannot be otherwise met without
hearing, or trial. undue hardship; and
(B) Objections. A person commanded to (ii) ensures that the subpoenaed person will be
produce documents or tangible things or to permit reasonably compensated.
inspection may serve on the party or attorney
designated in the subpoena a written objection to (e) Duties in Responding to a Subpoena.

213
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(2) Claiming Privilege or Protection.
(1) Producing Documents or Electronically Stored
Information. These procedures apply to producing (A) Information Withheld. A person
documents or electronically stored information: withholding subpoenaed information under a claim
that it is privileged or subject to protection as trial-
(A) Documents. A person responding to a preparation material must:
subpoena to produce documents must produce them (i) expressly make the claim; and
as they are kept in the ordinary course of business (ii) describe the nature of the withheld
or must organize and label them to correspond to documents, communications, or tangible things in a
the categories in the demand. manner that, without revealing information itself
privileged or protected, will enable the parties to
(B) Form for Producing Electronically Stored assess the claim.
Information Not Specified. If a subpoena does not (B) Information Produced. If information
specify a form for producing electronically stored produced in response to a subpoena is subject to a
information, the person responding must produce it claim of privilege or of protection as trial-
in a form or forms in which it is ordinarily preparation material, the person making the claim
maintained or in a reasonably usable form or forms. may notify any party that received the information
of the claim and the basis for it. After being
(C) Electronically Stored Information Produced notified, a party must promptly return, sequester, or
in Only One Form. The person responding need not destroy the specified information and any copies it
produce the same electronically stored information has; must not use or disclose the information until
in more than one form. the claim is resolved; must take reasonable steps to
retrieve the information if the party disclosed it
(D) Inaccessible Electronically Stored before being notified; and may promptly present
Information. The person responding need not the information under seal to the court for the
provide discovery of electronically stored district where compliance is required for a
information from sources that the person identifies determination of the claim. The person who
as not reasonably accessible because of undue produced the information must preserve the
burden or cost. On motion to compel discovery or information until the claim is resolved.
for a protective order, the person responding must
show that the information is not reasonably (g) Contempt.
accessible because of undue burden or cost. If that
showing is made, the court may nonetheless order The court for the district where compliance is
discovery from such sources if the requesting party required—and also, after a motion is transferred,
shows good cause, considering the limitations of the issuing court—may hold in contempt a person
Rule who, having been served, fails without adequate
26(b)(2)(C). The court may specify conditions for excuse to obey the subpoena or an order related to
the discovery. it.

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Case Number: 3:16-cv-6249-WHA

Maxmind Geolocation Trace City: San Jose, CA

ISP Response Trace City: N/A

Correct District: N/A

Date Filed: October 28, 2016

Status: Plaintiff has not yet received the identity of the Defendant from Defendant’s
Internet Service Provider. Plaintiff expects to receive it June 2, 2017 per its
communications with AT&T.

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Case
Case
3:16-cv-05975-WHA
3:16-cv-06249-WHA
Document
Document
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Filed05/17/17
02/02/17 Page
Page228
1 ofof3798

1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-06249 WHA
11
United States District Court

Plaintiff,
12
For the Northern District of California

v. ORDER GRANTING EX PARTE
13 MOTION FOR LEAVE TO SERVE
JOHN DOE subscriber assigned IP THIRD-PARTY SUBPOENA PRIOR
14 Address 108.66.4.102, TO RULE 26(f) CONFERENCE

15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various

18 pornographic films and that John Doe defendant directly infringed those copyrights by

19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now

20 seeks leave to serve a subpoena on third-party AT&T Internet Services, in order to ascertain the

21 identity of the subscriber using that IP address prior to a Rule 26(f) conference.

22 Malibu Media’s motion is hereby GRANTED. This is without prejudice to any motions

23 to quash or modify the subpoena that may be filed by any interested party, including AT&T or

24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:

25 • The subpoena shall only request the actual name and address of the
subscriber to whom AT&T assigned the above-captioned IP address.
26 • The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
• Malibu Media shall attach a copy of this order to the subpoena.

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2 ofof3798

1 • Malibu Media may not use any information disclosed by AT&T for any
purpose other than protecting its rights as set forth in the complaint.
2
• AT&T shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on AT&T.
4
• The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on AT&T. AT&T shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform AT&T if any such motion is filed.
8 • Malibu Media shall not disclose defendant’s name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendant’s IP address, that it may subsequently
learn. All documents including defendant’s identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court

challenge the disclosure of any identifying information. Malibu Media
12 explicitly consented to the inclusion of such a protection in its motion.
For the Northern District of California

13 • Unless otherwise provided, both sides may file under seal any of
defendant’s identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
• Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides AT&T in this matter.
17 • Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendant’s identifying information from AT&T (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendant’s identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendant’s identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 • If Malibu Media learns, whether through subpoena response or other
communication, that defendant’s IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.

26
27
28

2
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1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court

12
For the Northern District of California

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action

UNITED STATES DISTRICT COURT
for the Northern District of California

MALIBU MEDIA, LLC Civil Action No: 3:16-cv-06249-WHA
Plaintiff

v.

John Doe subscriber assigned to IP address
108.66.4.102,

Defendant.

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO
PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION

To: AT&T Internet Services
Legal Compliance
11760 Highway 1
Suite 600
North Palm Beach, FL. 33408
Facsimile: (888) 938-4715
E-mail: compcent@att.com

[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth
below the following documents, electronically stored information, or objects, and permit their
inspection, copying, testing, or sampling of the material:

Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:

IP Address Date/Time UTC
108.66.4.102 07/07/2016
13:21:45

Place: Henrik Mosesi, Esq. Date and Time:
433 N. Camden Drive., 6th Floor March 24, 2017 @ 9:30 a.m.
Beverly Hills, 90210
Telephone: (310) 734-4269

[ ] Inspection of Premises: YOU ARE 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 the property or any designated object or operation on it.

Place: Date and Time:

231
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The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and
the potential consequences of not doing so.

Date: 2/6/17
CLERK OF COURT

____________________________ OR /s/ Henrik Mosesi,
Esq.
Signature of Clerk or Deputy Clerk Henrik Mosesi, Esq.

The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who
issues or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor,
Beverly Hills, CA 90210 – Telephone: (310) 734-4269- E-mail: henry@mosesi.com

Notice to the person who issues or requests this subpoena
If this subpoena commands the production of documents, electronically stored
information, or tangible things or the inspection of premises before trial, a notice and a
copy of the subpoena must be served on each party in this case before it is served on the
person to whom it is directed. Fed. R. Civ. P. 45(a)(4).

232
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)

Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)

(c) Place of Compliance. producing electronically stored information in the
form or forms requested. The objection must be
(1) For a Trial, Hearing, or Deposition. A served before the earlier of the time specified for
subpoena may command a person to attend a trial, compliance or 14 days after the subpoena is served.
hearing, or deposition only as follows: If an objection is made, the following rules apply:
(A) within 100 miles of where the person (i) At any time, on notice to the commanded
resides, is employed, or regularly transacts business person, the serving party may move the court for
in person; or the district where compliance is required for an
(B) within the state where the person resides, is order compelling production or inspection.
employed, or regularly transacts business in person, (ii) These acts may be required only as
if the person directed in the order, and the order must protect a
(i) Is a person's party's officer; or person who is neither a party nor a party’s officer
(ii) Is commanded to attend a trial and would from significant expense resulting from
incur substantial expense. compliance.

(2) For Other Discovery: A subpoena may (3) Quashing or Modifying a Subpoena.
command:
(A) When Required. On timely motion, the court for
(A) production of documents, electronically the district where compliance is required must
stored information, or tangible things at a place quash or modify a subpoena that:
within 100 miles of where the person resides, is
employed, or regularly transacts business in person; (i) fails to allow a reasonable time to comply;
and (ii) requires a person to comply beyond the
(B) inspection of premises at the premises to be geographical limits specified in Rule 45 ( c );
inspected. (iii) requires disclosure of privileged or other
protected matter, if no exception or waiver applies;
(d) Protecting a Person Subject to a Subpoena; or
Enforcement. (iv) subjects a person to undue burden.

(1) Avoiding Undue Burden or Expense; (B) When Permitted. To protect a person subject
Sanctions. A party or attorney responsible for to or affected by a subpoena, the court for the
issuing and serving a subpoena must take district where compliance is required may, on
reasonable steps to avoid imposing undue burden or motion, quash or modify the subpoena if it requires:
expense on a person subject to the subpoena. The (i) disclosing a trade secret or other confidential
court for the district where compliance is required research, development, or commercial information;
must enforce this duty and impose an appropriate or
sanction—which may include lost earnings and (ii) disclosing an unretained expert’s opinion or
reasonable attorney’s fees—on a party or attorney information that does not describe specific
who fails to comply. occurrences in dispute and results from the expert’s
study that was not requested by a party.
(2) Command to Produce Materials or Permit (C) Specifying Conditions as an Alternative. In
Inspection. the circumstances described in Rule 45(d)(3)(B),
the court may, instead of quashing or modifying a
(A) Appearance Not Required. A person subpoena, order appearance or production under
commanded to produce documents, electronically specified conditions if the serving party:
stored information, or tangible things, or to permit (i) shows a substantial need for the testimony
the inspection of premises, need not appear in or material that cannot be otherwise met without
person at the place of production or inspection undue hardship; and
unless also commanded to appear for a deposition, (ii) ensures that the subpoenaed person will be
hearing, or trial. reasonably compensated.
(B) Objections. A person commanded to
produce documents or tangible things or to permit (e) Duties in Responding to a Subpoena.
inspection may serve on the party or attorney
designated in the subpoena a written objection to (1) Producing Documents or Electronically Stored
inspecting, copying, testing, or sampling any or all Information. These procedures apply to producing
of the materials or to inspecting the premises—or to documents or electronically stored information:

233
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(A) Information Withheld. A person
(A) Documents. A person responding to a withholding subpoenaed information under a claim
subpoena to produce documents must produce them that it is privileged or subject to protection as trial-
as they are kept in the ordinary course of business preparation material must:
or must organize and label them to correspond to (i) expressly make the claim; and
the categories in the demand. (ii) describe the nature of the withheld
documents, communications, or tangible things in a
(B) Form for Producing Electronically Stored manner that, without revealing information itself
Information Not Specified. If a subpoena does not privileged or protected, will enable the parties to
specify a form for producing electronically stored assess the claim.
information, the person responding must produce it (B) Information Produced. If information
in a form or forms in which it is ordinarily produced in response to a subpoena is subject to a
maintained or in a reasonably usable form or forms. claim of privilege or of protection as trial-
preparation material, the person making the claim
(C) Electronically Stored Information Produced may notify any party that received the information
in Only One Form. The person responding need not of the claim and the basis for it. After being
produce the same electronically stored information notified, a party must promptly return, sequester, or
in more than one form. destroy the specified information and any copies it
has; must not use or disclose the information until
(D) Inaccessible Electronically Stored the claim is resolved; must take reasonable steps to
Information. The person responding need not retrieve the information if the party disclosed it
provide discovery of electronically stored before being notified; and may promptly present
information from sources that the person identifies the information under seal to the court for the
as not reasonably accessible because of undue district where compliance is required for a
burden or cost. On motion to compel discovery or determination of the claim. The person who
for a protective order, the person responding must produced the information must preserve the
show that the information is not reasonably information until the claim is resolved.
accessible because of undue burden or cost. If that
showing is made, the court may nonetheless order (g) Contempt.
discovery from such sources if the requesting party
shows good cause, considering the limitations of The court for the district where compliance is
Rule required—and also, after a motion is transferred,
26(b)(2)(C). The court may specify conditions for the issuing court—may hold in contempt a person
the discovery. who, having been served, fails without adequate
excuse to obey the subpoena or an order related to
(2) Claiming Privilege or Protection. it.

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Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 236 of 798

Case Number: 3:16-cv-5847-WHA

Maxmind Geolocation Trace City: San Mateo, CA

ISP Response Trace City: N/A

Correct District: Yes

Date Filed: October 11, 2016

Voluntary Dismissal: On April 5, 2017, Plaintiff filed a voluntary dismissal with
prejudice because Plaintiff reached a settlement Defendant’s counsel. And, although
Plaintiff never received a response from Defendant’s ISP, Defendant’s counsel did verify
the name of the Defendant and address, which was located in San Mateo, CA.

236
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1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-05847 WHA
11
United States District Court

Plaintiff,
12
For the Northern District of California

v. ORDER GRANTING EX PARTE
13 MOTION FOR LEAVE TO SERVE
JOHN DOE subscriber assigned IP THIRD-PARTY SUBPOENA PRIOR
14 Address 108.69.129.69, TO RULE 26(f) CONFERENCE

15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various

18 pornographic films and that John Doe defendant directly infringed those copyrights by

19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now

20 seeks leave to serve a subpoena on third-party AT&T Internet Services, in order to ascertain the

21 identity of the subscriber using that IP address prior to a Rule 26(f) conference.

22 Malibu Media’s motion is hereby GRANTED. This is without prejudice to any motions

23 to quash or modify the subpoena that may be filed by any interested party, including AT&T or

24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:

25 • The subpoena shall only request the actual name and address of the
subscriber to whom AT&T assigned the above-captioned IP address.
26 • The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
• Malibu Media shall attach a copy of this order to the subpoena.

238
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1 • Malibu Media may not use any information disclosed by AT&T for any
purpose other than protecting its rights as set forth in the complaint.
2
• AT&T shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on AT&T.
4
• The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on AT&T. AT&T shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform AT&T if any such motion is filed.
8 • Malibu Media shall not disclose defendant’s name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendant’s IP address, that it may subsequently
learn. All documents including defendant’s identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court

challenge the disclosure of any identifying information. Malibu Media
12 explicitly consented to the inclusion of such a protection in its motion.
For the Northern District of California

13 • Unless otherwise provided, both sides may file under seal any of
defendant’s identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
• Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides AT&T in this matter.
17 • Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendant’s identifying information from AT&T (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendant’s identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendant’s identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 • If Malibu Media learns, whether through subpoena response or other
communication, that defendant’s IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.

26
27
28

2
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1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court

12
For the Northern District of California

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3
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AO 88B (Rev.02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action

UNITED STATES DISTRICT COURT
for the Northern District of California

MALIBU MEDIA, LLC Civil Action No: 3:16-cv-05847-WHA
Plaintiff

v.

John Doe subscriber assigned to IP address
108.69.129.69,

Defendant.

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO
PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION

To: AT&T Internet Services
Legal Compliance
11760 Highway 1
Suite 600
North Palm Beach, FL. 33408
Facsimile: (888) 938-4715
E-mail: compcent@att.com

[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth
below the following documents, electronically stored information, or objects, and permit their
inspection, copying, testing, or sampling of the material:

Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:

IP Address Date/Time
UTC
108.69.129.69 06/02/2016
14:49:34

Place: Henrik Mosesi, Esq. Date and Time:
433 N. Camden Drive., 6th Floor March 24, 2017 @ 9:30 a.m.
Beverly Hills, 90210
Telephone: (310) 734-4269

[ ] Inspection of Premises: YOU ARE 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 the property or any designated object or operation on it.

Place: Date and Time:

241
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The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and
the potential consequences of not doing so.

Date: 2/6/17
CLERK OF COURT

____________________________ OR /s/ Henrik Mosesi,
Esq.
Signature of Clerk or Deputy Clerk Henrik Mosesi, Esq.

The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who
issues or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor,
Beverly Hills, CA 90210 – Telephone: (310) 734-4269- E-mail: henry@mosesi.com

Notice to the person who issues or requests this subpoena
If this subpoena commands the production of documents, electronically stored
information, or tangible things or the inspection of premises before trial, a notice and a
copy of the subpoena must be served on each party in this case before it is served on the
person to whom it is directed. Fed. R. Civ. P. 45(a)(4).

242
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)

Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. inspection may serve on the party or attorney
designated in the subpoena a written objection to
(1) For a Trial, Hearing, or Deposition. A inspecting, copying, testing, or sampling any or all
subpoena may command a person to attend a trial, of the materials or to inspecting the premises—or to
hearing, or deposition only as follows: producing electronically stored information in the
(A) within 100 miles of where the person form or forms requested. The objection must be
resides, is employed, or regularly transacts business served before the earlier of the time specified for
in person; or compliance or 14 days after the subpoena is served.
(B) within the state where the person resides, is If an objection is made, the following rules apply:
employed, or regularly transacts business in person, (i) At any time, on notice to the commanded
if the person person, the serving party may move the court for
(i) Is a person's party's officer; or the district where compliance is required for an
(ii) Is commanded to attend a trial and would order compelling production or inspection.
incur substantial expense. (ii) These acts may be required only as
directed in the order, and the order must protect a
(2) For Other Discovery: A subpoena may person who is neither a party nor a party’s officer
command: from significant expense resulting from
compliance.
(A) production of documents, electronically
stored information, or tangible things at a place (3) Quashing or Modifying a Subpoena.
within 100 miles of where the person resides, is
employed, or regularly transacts business in person; (A) When Required. On timely motion, the court for
and the district where compliance is required must
(B) inspection of premises at the premises to be quash or modify a subpoena that:
inspected.
(i) fails to allow a reasonable time to comply;
(d) Protecting a Person Subject to a Subpoena; (ii) requires a person to comply beyond the
Enforcement. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(1) Avoiding Undue Burden or Expense; protected matter, if no exception or waiver applies;
Sanctions. A party or attorney responsible for or
issuing and serving a subpoena must take (iv) subjects a person to undue burden.
reasonable steps to avoid imposing undue burden or
expense on a person subject to the subpoena. The (B) When Permitted. To protect a person subject
court for the district where compliance is required to or affected by a subpoena, the court for the
must enforce this duty and impose an appropriate district where compliance is required may, on
sanction—which may include lost earnings and motion, quash or modify the subpoena if it requires:
reasonable attorney’s fees—on a party or attorney (i) disclosing a trade secret or other confidential
who fails to comply. research, development, or commercial information;
or
(2) Command to Produce Materials or Permit (ii) disclosing an unretained expert’s opinion or
Inspection. information that does not describe specific
occurrences in dispute and results from the expert’s
(A) Appearance Not Required. A person study that was not requested by a party.
commanded to produce documents, electronically (C) Specifying Conditions as an Alternative. In
stored information, or tangible things, or to permit the circumstances described in Rule 45(d)(3)(B),
the inspection of premises, need not appear in the court may, instead of quashing or modifying a
person at the place of production or inspection subpoena, order appearance or production under
unless also commanded to appear for a deposition, specified conditions if the serving party:
hearing, or trial. (i) shows a substantial need for the testimony
(B) Objections. A person commanded to or material that cannot be otherwise met without
produce documents or tangible things or to permit undue hardship; and

243
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(ii) ensures that the subpoenaed person will be 26(b)(2)(C). The court may specify conditions for
reasonably compensated. the discovery.

(2) Claiming Privilege or Protection.
(e) Duties in Responding to a Subpoena.
(A) Information Withheld. A person
(1) Producing Documents or Electronically Stored withholding subpoenaed information under a claim
Information. These procedures apply to producing that it is privileged or subject to protection as trial-
documents or electronically stored information: preparation material must:
(i) expressly make the claim; and
(A) Documents. A person responding to a (ii) describe the nature of the withheld
subpoena to produce documents must produce them documents, communications, or tangible things in a
as they are kept in the ordinary course of business manner that, without revealing information itself
or must organize and label them to correspond to privileged or protected, will enable the parties to
the categories in the demand. assess the claim.
(B) Information Produced. If information
(B) Form for Producing Electronically Stored produced in response to a subpoena is subject to a
Information Not Specified. If a subpoena does not claim of privilege or of protection as trial-
specify a form for producing electronically stored preparation material, the person making the claim
information, the person responding must produce it may notify any party that received the information
in a form or forms in which it is ordinarily of the claim and the basis for it. After being
maintained or in a reasonably usable form or forms. notified, a party must promptly return, sequester, or
destroy the specified information and any copies it
(C) Electronically Stored Information Produced has; must not use or disclose the information until
in Only One Form. The person responding need not the claim is resolved; must take reasonable steps to
produce the same electronically stored information retrieve the information if the party disclosed it
in more than one form. before being notified; and may promptly present
the information under seal to the court for the
(D) Inaccessible Electronically Stored district where compliance is required for a
Information. The person responding need not determination of the claim. The person who
provide discovery of electronically stored produced the information must preserve the
information from sources that the person identifies information until the claim is resolved.
as not reasonably accessible because of undue
burden or cost. On motion to compel discovery or (g) Contempt.
for a protective order, the person responding must
show that the information is not reasonably The court for the district where compliance is
accessible because of undue burden or cost. If that required—and also, after a motion is transferred,
showing is made, the court may nonetheless order the issuing court—may hold in contempt a person
discovery from such sources if the requesting party who, having been served, fails without adequate
shows good cause, considering the limitations of excuse to obey the subpoena or an order related to
Rule it.

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Case Number: 3:16-cv-5843-WHA

Maxmind Geolocation Trace City: Newark, CA

ISP Response Trace City: Fremont, CA

Correct District: Yes

Date Filed: October 11, 2016

Voluntary Dismissal: On April 25, 2017, Plaintiff filed a voluntary dismissal with
prejudice because Plaintiff reached a settlement Defendant’s counsel.

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1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-05843 WHA
11
United States District Court

Plaintiff,
12
For the Northern District of California

v. ORDER GRANTING EX PARTE
13 MOTION FOR LEAVE TO SERVE
JOHN DOE subscriber assigned IP THIRD-PARTY SUBPOENA PRIOR
14 Address 108.77.237.167, TO RULE 26(f) CONFERENCE

15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various

18 pornographic films and that John Doe defendant directly infringed those copyrights by

19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now

20 seeks leave to serve a subpoena on third-party AT&T Internet Services, in order to ascertain the

21 identity of the subscriber using that IP address prior to a Rule 26(f) conference.

22 Malibu Media’s motion is hereby GRANTED. This is without prejudice to any motions

23 to quash or modify the subpoena that may be filed by any interested party, including AT&T or

24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:

25 • The subpoena shall only request the actual name and address of the
subscriber to whom AT&T assigned the above-captioned IP address.
26 • The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
• Malibu Media shall attach a copy of this order to the subpoena.

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1 • Malibu Media may not use any information disclosed by AT&T for any
purpose other than protecting its rights as set forth in the complaint.
2
• AT&T shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on AT&T.
4
• The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on AT&T. AT&T shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform AT&T if any such motion is filed.
8 • Malibu Media shall not disclose defendant’s name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendant’s IP address, that it may subsequently
learn. All documents including defendant’s identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court

challenge the disclosure of any identifying information. Malibu Media
12 explicitly consented to the inclusion of such a protection in its motion.
For the Northern District of California

13 • Unless otherwise provided, both sides may file under seal any of
defendant’s identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
• Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides AT&T in this matter.
17 • Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendant’s identifying information from AT&T (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendant’s identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendant’s identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 • If Malibu Media learns, whether through subpoena response or other
communication, that defendant’s IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.

26
27
28

2
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1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court

12
For the Northern District of California

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action

UNITED STATES DISTRICT COURT
for the Northern District of California

MALIBU MEDIA, LLC Civil Action No: 3:16-cv-05843-WHA
Plaintiff

v.

John Doe subscriber assigned to IP address
108.77.237.167,

Defendant.

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO
PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION

To: AT&T Internet Services
Legal Compliance
11760 Highway 1
Suite 600
North Palm Beach, FL. 33408
Facsimile: (888) 938-4715
E-mail: compcent@att.com

[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth
below the following documents, electronically stored information, or objects, and permit their
inspection, copying, testing, or sampling of the material:

Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:

IP Address Date/Time
UTC
108.77.237.167 06/01/2016
12:46:53

Place: Henrik Mosesi, Esq. Date and Time:
433 N. Camden Drive., 6th Floor March 24, 2017 @ 9:30 a.m.
Beverly Hills, 90210
Telephone: (310) 734-4269

[ ] Inspection of Premises: YOU ARE 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 the property or any designated object or operation on it.

Place: Date and Time:

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The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and
the potential consequences of not doing so.

Date: 2/6/17
CLERK OF COURT

____________________________ OR /s/ Henrik Mosesi,
Esq.
Signature of Clerk or Deputy Clerk Henrik Mosesi, Esq.

The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who
issues or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor,
Beverly Hills, CA 90210 – Telephone: (310) 734-4269- E-mail: henry@mosesi.com

Notice to the person who issues or requests this subpoena
If this subpoena commands the production of documents, electronically stored
information, or tangible things or the inspection of premises before trial, a notice and a
copy of the subpoena must be served on each party in this case before it is served on the
person to whom it is directed. Fed. R. Civ. P. 45(a)(4).

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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)

Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. designated in the subpoena a written objection to
inspecting, copying, testing, or sampling any or all
(1) For a Trial, Hearing, or Deposition. A of the materials or to inspecting the premises—or to
subpoena may command a person to attend a trial, producing electronically stored information in the
hearing, or deposition only as follows: form or forms requested. The objection must be
(A) within 100 miles of where the person served before the earlier of the time specified for
resides, is employed, or regularly transacts business compliance or 14 days after the subpoena is served.
in person; or If an objection is made, the following rules apply:
(B) within the state where the person resides, is (i) At any time, on notice to the commanded
employed, or regularly transacts business in person, person, the serving party may move the court for
if the person the district where compliance is required for an
(i) Is a person's party's officer; or order compelling production or inspection.
(ii) Is commanded to attend a trial and would (ii) These acts may be required only as
incur substantial expense. directed in the order, and the order must protect a
person who is neither a party nor a party’s officer
(2) For Other Discovery: A subpoena may from significant expense resulting from
command: compliance.

(A) production of documents, electronically (3) Quashing or Modifying a Subpoena.
stored information, or tangible things at a place
within 100 miles of where the person resides, is (A) When Required. On timely motion, the court for
employed, or regularly transacts business in person; the district where compliance is required must
and quash or modify a subpoena that:
(B) inspection of premises at the premises to be
inspected. (i) fails to allow a reasonable time to comply;
(ii) requires a person to comply beyond the
(d) Protecting a Person Subject to a Subpoena; geographical limits specified in Rule 45 ( c );
Enforcement. (iii) requires disclosure of privileged or other
protected matter, if no exception or waiver applies;
(1) Avoiding Undue Burden or Expense; or
Sanctions. A party or attorney responsible for (iv) subjects a person to undue burden.
issuing and serving a subpoena must take
reasonable steps to avoid imposing undue burden or (B) When Permitted. To protect a person subject
expense on a person subject to the subpoena. The to or affected by a subpoena, the court for the
court for the district where compliance is required district where compliance is required may, on
must enforce this duty and impose an appropriate motion, quash or modify the subpoena if it requires:
sanction—which may include lost earnings and (i) disclosing a trade secret or other confidential
reasonable attorney’s fees—on a party or attorney research, development, or commercial information;
who fails to comply. or
(ii) disclosing an unretained expert’s opinion or
(2) Command to Produce Materials or Permit information that does not describe specific
Inspection. occurrences in dispute and results from the expert’s
study that was not requested by a party.
(A) Appearance Not Required. A person (C) Specifying Conditions as an Alternative. In
commanded to produce documents, electronically the circumstances described in Rule 45(d)(3)(B),
stored information, or tangible things, or to permit the court may, instead of quashing or modifying a
the inspection of premises, need not appear in subpoena, order appearance or production under
person at the place of production or inspection specified conditions if the serving party:
unless also commanded to appear for a deposition, (i) shows a substantial need for the testimony
hearing, or trial. or material that cannot be otherwise met without
(B) Objections. A person commanded to undue hardship; and
produce documents or tangible things or to permit (ii) ensures that the subpoenaed person will be
inspection may serve on the party or attorney reasonably compensated.

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the discovery.

(e) Duties in Responding to a Subpoena. (2) Claiming Privilege or Protection.

(1) Producing Documents or Electronically Stored (A) Information Withheld. A person
Information. These procedures apply to producing withholding subpoenaed information under a claim
documents or electronically stored information: that it is privileged or subject to protection as trial-
preparation material must:
(A) Documents. A person responding to a (i) expressly make the claim; and
subpoena to produce documents must produce them (ii) describe the nature of the withheld
as they are kept in the ordinary course of business documents, communications, or tangible things in a
or must organize and label them to correspond to manner that, without revealing information itself
the categories in the demand. privileged or protected, will enable the parties to
assess the claim.
(B) Form for Producing Electronically Stored (B) Information Produced. If information
Information Not Specified. If a subpoena does not produced in response to a subpoena is subject to a
specify a form for producing electronically stored claim of privilege or of protection as trial-
information, the person responding must produce it preparation material, the person making the claim
in a form or forms in which it is ordinarily may notify any party that received the information
maintained or in a reasonably usable form or forms. of the claim and the basis for it. After being
notified, a party must promptly return, sequester, or
(C) Electronically Stored Information Produced destroy the specified information and any copies it
in Only One Form. The person responding need not has; must not use or disclose the information until
produce the same electronically stored information the claim is resolved; must take reasonable steps to
in more than one form. retrieve the information if the party disclosed it
before being notified; and may promptly present
(D) Inaccessible Electronically Stored the information under seal to the court for the
Information. The person responding need not district where compliance is required for a
provide discovery of electronically stored determination of the claim. The person who
information from sources that the person identifies produced the information must preserve the
as not reasonably accessible because of undue information until the claim is resolved.
burden or cost. On motion to compel discovery or
for a protective order, the person responding must (g) Contempt.
show that the information is not reasonably
accessible because of undue burden or cost. If that The court for the district where compliance is
showing is made, the court may nonetheless order required—and also, after a motion is transferred,
discovery from such sources if the requesting party the issuing court—may hold in contempt a person
shows good cause, considering the limitations of who, having been served, fails without adequate
Rule excuse to obey the subpoena or an order related to
26(b)(2)(C). The court may specify conditions for it.

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Case Number: 3:16-cv-06108-WHA

Maxmind Geolocation Trace City: Albany, CA

ISP Response Trace City: Albany, CA

Correct District: Yes

Date Filed: October 23, 2016

Voluntary Dismissal: Plaintiff received Defendant's identity on or around March 24,
2017 and immediately began its investigation on Defendant.

After it completed its investigation, Plaintiff determined that the evidence most likely
identified the subscriber as the infringer based on the length of infringement, geographic
location and apparent lack of access by any third party to Defendant’s Internet during the
time of infringement.

Unfortunately, however, Plaintiff’s investigation took two weeks and Plaintiff did not file
it's Amended Complaint until April 5, 2017. Plaintiff did not receive the Summons until
April 26, 2017. Plaintiff’s extension to serve the Defendant was denied without
prejudice. Because Plaintiff’s counsel did not request the summons in person, Plaintiff
felt that a renewed extension would not be considered good faith, and dismissed its case.

Plaintiff apologizes to the Court for its undue delay and in the future, should it file
additional cases in this District, it will ensure it has counsel appear personally to pick up
the summons and avoid any unnecessary extension requests.

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1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-06108 WHA
11
United States District Court

Plaintiff,
12
For the Northern District of California

v. ORDER GRANTING EX PARTE
13 MOTION FOR LEAVE TO SERVE
JOHN DOE subscriber assigned IP THIRD-PARTY SUBPOENA PRIOR
14 Address 108.78.248.226, TO RULE 26(f) CONFERENCE

15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various

18 pornographic films and that John Doe defendant directly infringed those copyrights by

19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now

20 seeks leave to serve a subpoena on third-party AT&T Internet Services, in order to ascertain the

21 identity of the subscriber using that IP address prior to a Rule 26(f) conference.

22 Malibu Media’s motion is hereby GRANTED. This is without prejudice to any motions

23 to quash or modify the subpoena that may be filed by any interested party, including AT&T or

24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:

25 • The subpoena shall only request the actual name and address of the
subscriber to whom AT&T assigned the above-captioned IP address.
26 • The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
• Malibu Media shall attach a copy of this order to the subpoena.

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1 • Malibu Media may not use any information disclosed by AT&T for any
purpose other than protecting its rights as set forth in the complaint.
2
• AT&T shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on AT&T.
4
• The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on AT&T. AT&T shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform AT&T if any such motion is filed.
8 • Malibu Media shall not disclose defendant’s name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendant’s IP address, that it may subsequently
learn. All documents including defendant’s identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court

challenge the disclosure of any identifying information. Malibu Media
12 explicitly consented to the inclusion of such a protection in its motion.
For the Northern District of California

13 • Unless otherwise provided, both sides may file under seal any of
defendant’s identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
• Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides AT&T in this matter.
17 • Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendant’s identifying information from AT&T (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendant’s identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendant’s identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 • If Malibu Media learns, whether through subpoena response or other
communication, that defendant’s IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.

26
27
28

2
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1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court

12
For the Northern District of California

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action

UNITED STATES DISTRICT COURT
for the Northern District of California

MALIBU MEDIA, LLC Civil Action No: 3:16-cv-06108-WHA
Plaintiff

v.

John Doe subscriber assigned to IP address
108.78.248.226,

Defendant.

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO
PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION

To: AT&T Internet Services
Legal Compliance
11760 Highway 1
Suite 600
North Palm Beach, FL. 33408
Facsimile: (888) 938-4715
E-mail: compcent@att.com

[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth
below the following documents, electronically stored information, or objects, and permit their
inspection, copying, testing, or sampling of the material:

Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:

IP Address Date/Time
UTC
108.78.248.226 06/25/2016
20:22:19

Place: Henrik Mosesi, Esq. Date and Time:
433 N. Camden Drive., 6th Floor March 24, 2017 @ 9:30 a.m.
Beverly Hills, 90210
Telephone: (310) 734-4269

[ ] Inspection of Premises: YOU ARE 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

287
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the property or any designated object or operation on it.

Place: Date and Time:

The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and
the potential consequences of not doing so.

Date: 2/6/17
CLERK OF COURT

____________________________ OR /s/ Henrik Mosesi, Esq.
Signature of Clerk or Deputy Clerk Henrik Mosesi, Esq.

The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues
or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly
Hills, CA 90210 – Telephone: (310) 734-4269- E-mail: henry@mosesi.com

Notice to the person who issues or requests this subpoena
If this subpoena commands the production of documents, electronically stored
information, or tangible things or the inspection of premises before trial, a notice and a
copy of the subpoena must be served on each party in this case before it is served on the
person to whom it is directed. Fed. R. Civ. P. 45(a)(4).

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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)

Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
inspection may serve on the party or attorney
(c) Place of Compliance. designated in the subpoena a written objection to
inspecting, copying, testing, or sampling any or all
(1) For a Trial, Hearing, or Deposition. A of the materials or to inspecting the premises—or to
subpoena may command a person to attend a trial, producing electronically stored information in the
hearing, or deposition only as follows: form or forms requested. The objection must be
(A) within 100 miles of where the person served before the earlier of the time specified for
resides, is employed, or regularly transacts business compliance or 14 days after the subpoena is served.
in person; or If an objection is made, the following rules apply:
(B) within the state where the person resides, is (i) At any time, on notice to the commanded
employed, or regularly transacts business in person, person, the serving party may move the court for
if the person the district where compliance is required for an
(i) Is a person's party's officer; or order compelling production or inspection.
(ii) Is commanded to attend a trial and would (ii) These acts may be required only as
incur substantial expense. directed in the order, and the order must protect a
person who is neither a party nor a party’s officer
(2) For Other Discovery: A subpoena may from significant expense resulting from
command: compliance.

(A) production of documents, electronically (3) Quashing or Modifying a Subpoena.
stored information, or tangible things at a place
within 100 miles of where the person resides, is (A) When Required. On timely motion, the court for
employed, or regularly transacts business in person; the district where compliance is required must
and quash or modify a subpoena that:
(B) inspection of premises at the premises to be
inspected. (i) fails to allow a reasonable time to comply;
(ii) requires a person to comply beyond the
(d) Protecting a Person Subject to a Subpoena; geographical limits specified in Rule 45 ( c );
Enforcement. (iii) requires disclosure of privileged or other
protected matter, if no exception or waiver applies;
(1) Avoiding Undue Burden or Expense; or
Sanctions. A party or attorney responsible for (iv) subjects a person to undue burden.
issuing and serving a subpoena must take
reasonable steps to avoid imposing undue burden or (B) When Permitted. To protect a person subject
expense on a person subject to the subpoena. The to or affected by a subpoena, the court for the
court for the district where compliance is required district where compliance is required may, on
must enforce this duty and impose an appropriate motion, quash or modify the subpoena if it requires:
sanction—which may include lost earnings and (i) disclosing a trade secret or other confidential
reasonable attorney’s fees—on a party or attorney research, development, or commercial information;
who fails to comply. or
(ii) disclosing an unretained expert’s opinion or
(2) Command to Produce Materials or Permit information that does not describe specific
Inspection. occurrences in dispute and results from the expert’s
study that was not requested by a party.
(A) Appearance Not Required. A person (C) Specifying Conditions as an Alternative. In
commanded to produce documents, electronically the circumstances described in Rule 45(d)(3)(B),
stored information, or tangible things, or to permit the court may, instead of quashing or modifying a
the inspection of premises, need not appear in subpoena, order appearance or production under
person at the place of production or inspection specified conditions if the serving party:
unless also commanded to appear for a deposition, (i) shows a substantial need for the testimony
hearing, or trial. or material that cannot be otherwise met without
(B) Objections. A person commanded to undue hardship; and
produce documents or tangible things or to permit (ii) ensures that the subpoenaed person will be

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reasonably compensated. 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, or
(e) Duties in Responding to a Subpoena. destroy the specified information and any copies it
has; must not use or disclose the information until
(1) Producing Documents or Electronically Stored the claim is resolved; must take reasonable steps to
Information. These procedures apply to producing retrieve the information if the party disclosed it
documents or electronically stored information: before being notified; and may promptly present
the information under seal to the court for the
(A) Documents. A person responding to a district where compliance is required for a
subpoena to produce documents must produce them determination of the claim. The person who
as they are kept in the ordinary course of business produced the information must preserve the
or must organize and label them to correspond to information until the claim is resolved.
the categories in the demand.
(g) Contempt.
(B) Form for Producing Electronically Stored
Information Not Specified. If a subpoena does not The court for the district where compliance is
specify a form for producing electronically stored required—and also, after a motion is transferred,
information, the person responding must produce it the issuing court—may hold in contempt a person
in a form or forms in which it is ordinarily who, having been served, fails without adequate
maintained or in a reasonably usable form or forms. excuse to obey the subpoena or an order related to
it.
(C) Electronically Stored Information Produced
in Only One Form. The person responding need not
produce the same electronically stored information
in more than one form.

(D) Inaccessible Electronically Stored
Information. The person responding need not
provide discovery of electronically stored
information from sources that the person identifies
as not reasonably accessible because of undue
burden or cost. On motion to compel discovery or
for a protective order, the person responding must
show that the information is not reasonably
accessible because of undue burden or cost. If that
showing is made, the court may nonetheless order
discovery from such sources if the requesting party
shows good cause, considering the limitations of
Rule
26(b)(2)(C). The court may specify conditions for
the discovery.

(2) Claiming Privilege or Protection.

(A) Information Withheld. A person
withholding subpoenaed information under a claim
that it is privileged or subject to protection as trial-
preparation material must:
(i) expressly make the claim; and
(ii) describe the nature of the withheld
documents, communications, or tangible things 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 of privilege or of protection as trial-
preparation material, the person making the claim

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Case Number: 3:16-cv-5926-WHA

Maxmind Geolocation Trace City: San Francisco, CA

ISP Response Trace City: San Francisco, CA

Correct District: Yes

Date Filed: October 13, 2016

Voluntary Dismissal: Plaintiff filed its dismissal on April 7, 2017. On April 4, 2017
Plaintiff received Defendant’s identifying information. Plaintiff immediately conducted
an investigation and determined that the subscriber lives with his wife and adult child.
Plaintiff’s investigators largely believed that the adult child was the actual infringer,
butalso that he suffered financial difficulties. Based on the suspected infringers hardship,
Plaintiff determined it was not in either parties’ best interest to proceed.

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1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-05926 WHA
11
United States District Court

Plaintiff,
12
For the Northern District of California

v. ORDER GRANTING EX PARTE
13 MOTION FOR LEAVE TO SERVE
JOHN DOE subscriber assigned IP THIRD-PARTY SUBPOENA PRIOR
14 Address 108.85.29.158, TO RULE 26(f) CONFERENCE

15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various

18 pornographic films and that John Doe defendant directly infringed those copyrights by

19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now

20 seeks leave to serve a subpoena on third-party AT&T Internet Services, in order to ascertain the

21 identity of the subscriber using that IP address prior to a Rule 26(f) conference.

22 Malibu Media’s motion is hereby GRANTED. This is without prejudice to any motions

23 to quash or modify the subpoena that may be filed by any interested party, including AT&T or

24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:

25 • The subpoena shall only request the actual name and address of the
subscriber to whom AT&T assigned the above-captioned IP address.
26 • The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
• Malibu Media shall attach a copy of this order to the subpoena.

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1 • Malibu Media may not use any information disclosed by AT&T for any
purpose other than protecting its rights as set forth in the complaint.
2
• AT&T shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on AT&T.
4
• The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on AT&T. AT&T shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform AT&T if any such motion is filed.
8 • Malibu Media shall not disclose defendant’s name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendant’s IP address, that it may subsequently
learn. All documents including defendant’s identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court

challenge the disclosure of any identifying information. Malibu Media
12 explicitly consented to the inclusion of such a protection in its motion.
For the Northern District of California

13 • Unless otherwise provided, both sides may file under seal any of
defendant’s identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
• Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides AT&T in this matter.
17 • Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendant’s identifying information from AT&T (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendant’s identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendant’s identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 • If Malibu Media learns, whether through subpoena response or other
communication, that defendant’s IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.

26
27
28

2
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1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court

12
For the Northern District of California

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action

UNITED STATES DISTRICT COURT
for the Northern District of California

MALIBU MEDIA, LLC Civil Action No: 3:16-cv-05926-WHA
Plaintiff

v.

John Doe subscriber assigned to IP address
108.85.29.158,

Defendant.

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT
INSPECTION OF PREMISES IN A CIVIL ACTION

To: AT&T Internet Services
Legal Compliance
11760 Highway 1
Suite 600
North Palm Beach, FL. 33408
Facsimile: (888) 938-4715
E-mail: compcent@att.com

[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the
following documents, electronically stored information, or objects, and permit their inspection, copying,
testing, or sampling of the material:

Please produce documents identifying the name AND address ONLY of the defendant John Doe
listed in the below chart:

IP Address Date/Time
UTC
108.85.29.158 06/15/2016
01:46:58

Place: Henrik Mosesi, Esq. Date and Time:
433 N. Camden Drive., 6th Floor March 24, 2017 @ 9:30 a.m.
Beverly Hills, 90210
Telephone: (310) 734-4269

[ ] Inspection of Premises: YOU ARE 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
the property or any designated object or operation on it.

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Place: Date and Time:

The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and
the potential consequences of not doing so.

Date:2/6/17
CLERK OF COURT

____________________________ OR /s/ Henrik Mosesi, Esq.
Signature of Clerk or Deputy Clerk Henrik Mosesi, Esq.

The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who
issues or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor,
Beverly Hills, CA 90210 – Telephone: (310) 734-4269- E-mail: henry@mosesi.com

Notice to the person who issues or requests this subpoena
If this subpoena commands the production of documents, electronically stored information, or
tangible things or the inspection of premises before trial, a notice and a copy of the subpoena
must be served on each party in this case before it is served on the person to whom it is directed.
Fed. R. Civ. P. 45(a)(4).

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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (page 3)

Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. objection must be served before the earlier of the time
specified for
(1) For a Trial, Hearing, or Deposition. A subpoena
may command a person to attend a trial, hearing, or compliance or 14 days after the subpoena is served. If
deposition only as follows: an objection is made, the following rules apply:
(A) within 100 miles of where the person resides, is (i) At any time, on notice to the commanded
employed, or regularly transacts business in person; or person, the serving party may move the court for the
(B) within the state where the person resides, is district where compliance is required for an order
employed, or regularly transacts business in person, if compelling production or inspection.
the person (ii) These acts may be required only as directed in
(i) Is a person's party's officer; or the order, and the order must protect a person who is
(ii) Is commanded to attend a trial and would incur neither a party nor a party’s officer from significant
substantial expense. expense resulting from compliance.

(2) For Other Discovery: A subpoena may command: (3) Quashing or Modifying a Subpoena.

(A) production of documents, electronically stored (A) When Required. On timely motion, the court for the
information, or tangible things at a place within 100 district where compliance is required must quash or
miles of where the person resides, is employed, or modify a subpoena that:
regularly transacts business in person; and
(B) inspection of premises at the premises to be (i) fails to allow a reasonable time to comply;
inspected. (ii) requires a person to comply beyond the
geographical limits specified in Rule 45 ( c );
(d) Protecting a Person Subject to a Subpoena; (iii) requires disclosure of privileged or other
Enforcement. protected matter, if no exception or waiver applies; or
(iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense; Sanctions.
A party or attorney responsible for issuing and serving a (B) When Permitted. To protect a person subject to or
subpoena must take reasonable steps to avoid imposing affected by a subpoena, the court for the district where
undue burden or expense on a person subject to the compliance is required may, on motion, quash or modify
subpoena. The court for the district where compliance is the subpoena if it requires:
required must enforce this duty and impose an (i) disclosing a trade secret or other confidential
appropriate sanction—which may include lost earnings research, development, or commercial information; or
and reasonable attorney’s fees—on a party or attorney (ii) disclosing an unretained expert’s opinion or
who fails to comply. information that does not describe specific occurrences
in dispute and results from the expert’s study that was
(2) Command to Produce Materials or Permit not requested by a party.
Inspection. (C) Specifying Conditions as an Alternative. In the
circumstances described in Rule 45(d)(3)(B), the court
(A) Appearance Not Required. A person may, instead of quashing or modifying a subpoena,
commanded to produce documents, electronically stored order appearance or production under specified
information, or tangible things, or to permit the conditions if the serving party:
inspection of premises, need not appear in person at the (i) shows a substantial need for the testimony or
place of production or inspection unless also material that cannot be otherwise met without undue
commanded to appear for a deposition, hearing, or trial. hardship; and
(B) Objections. A person commanded to produce (ii) ensures that the subpoenaed person will be
documents or tangible things or to permit inspection reasonably compensated.
may serve on the party or attorney designated in the
subpoena a written objection to inspecting, copying,
testing, or sampling any or all of the materials or to (e) Duties in Responding to a Subpoena.
inspecting the premises—or to producing electronically
stored information in the form or forms requested. The (1) Producing Documents or Electronically Stored

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Information. These procedures apply to producing (2) Claiming Privilege or Protection.
documents or electronically stored information:
(A) Information Withheld. A person withholding
(A) Documents. A person responding to a subpoena subpoenaed information under a claim that it is
to produce documents must produce them as they are privileged or subject to protection as trial-preparation
kept in the ordinary course of business or must organize material must:
and label them to correspond to the categories in the (i) expressly make the claim; and
demand. (ii) describe the nature of the withheld documents,
communications, or tangible things in a manner that,
(B) Form for Producing Electronically Stored without revealing information itself privileged or
Information Not Specified. If a subpoena does not protected, will enable the parties to assess the claim.
specify a form for producing electronically stored (B) Information Produced. If information produced
information, the person responding must produce it in a in response to a subpoena is subject to a claim of
form or forms in which it is ordinarily maintained or in privilege or of protection as trial-preparation material,
a reasonably usable form or forms. the person making the claim may notify any party that
received the information of the claim and the basis for
(C) Electronically Stored Information Produced in it. After being notified, a party must promptly return,
Only One Form. The person responding need not sequester, or destroy the specified information and any
produce the same electronically stored information in copies it has; must not use or disclose the information
more than one form. until the claim is resolved; must take reasonable steps to
retrieve the information if the party disclosed it before
(D) Inaccessible Electronically Stored Information. being notified; and may promptly present the
The person responding need not provide discovery of information under seal to the court for the district where
electronically stored information from sources that the compliance is required for a determination of the claim.
person identifies as not reasonably accessible because of The person who produced the information must preserve
undue burden or cost. On motion to compel discovery or the information until the claim is resolved.
for a protective order, the person responding must show
that the information is not reasonably accessible because (g) Contempt.
of undue burden or cost. If that showing is made, the
court may nonetheless order discovery from such The court for the district where compliance is
sources if the requesting party shows good cause, required—and also, after a motion is transferred, the
considering the limitations of Rule issuing court—may hold in contempt a person who,
26(b)(2)(C). The court may specify conditions for the having been served, fails without adequate excuse to
discovery. obey the subpoena or an order related to it.

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Case Number: 3:16-cv-5970-WHA

Maxmind Geolocation Trace City: San Francisco, CA

ISP Response Trace City: N/A

Correct District: N/A

Date Filed: October 17, 2016

Voluntary Dismissal: On April 7, 2017, Plaintiff filed its Notice of Voluntary Dismissal
because it reached settlement with Defendant’s counsel. Plaintiff never learned the
identity of the Defendant in this case.

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1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-05970 WHA
11
United States District Court

Plaintiff,
12
For the Northern District of California

v. ORDER GRANTING EX PARTE
13 MOTION FOR LEAVE TO SERVE
JOHN DOE subscriber assigned IP THIRD-PARTY SUBPOENA PRIOR
14 Address 108.89.36.115, TO RULE 26(f) CONFERENCE

15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various

18 pornographic films and that John Doe defendant directly infringed those copyrights by

19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now

20 seeks leave to serve a subpoena on third-party AT&T Internet Services, in order to ascertain the

21 identity of the subscriber using that IP address prior to a Rule 26(f) conference.

22 Malibu Media’s motion is hereby GRANTED. This is without prejudice to any motions

23 to quash or modify the subpoena that may be filed by any interested party, including AT&T or

24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:

25 • The subpoena shall only request the actual name and address of the
subscriber to whom AT&T assigned the above-captioned IP address.
26 • The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
• Malibu Media shall attach a copy of this order to the subpoena.

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1 • Malibu Media may not use any information disclosed by AT&T for any
purpose other than protecting its rights as set forth in the complaint.
2
• AT&T shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on AT&T.
4
• The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on AT&T. AT&T shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform AT&T if any such motion is filed.
8 • Malibu Media shall not disclose defendant’s name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendant’s IP address, that it may subsequently
learn. All documents including defendant’s identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court

challenge the disclosure of any identifying information. Malibu Media
12 explicitly consented to the inclusion of such a protection in its motion.
For the Northern District of California

13 • Unless otherwise provided, both sides may file under seal any of
defendant’s identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
• Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides AT&T in this matter.
17 • Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendant’s identifying information from AT&T (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendant’s identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendant’s identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 • If Malibu Media learns, whether through subpoena response or other
communication, that defendant’s IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.

26
27
28

2
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1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court

12
For the Northern District of California

13
14
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action

UNITED STATES DISTRICT COURT
for the Northern District of California

MALIBU MEDIA, LLC Civil Action No: 3:16-cv-05970-WHA
Plaintiff

v.

John Doe subscriber assigned to IP address
108.89.36.115,

Defendant.

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR
TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION

To: AT&T Internet Services
Legal Compliance
11760 Highway 1
Suite 600
North Palm Beach, FL. 33408
Facsimile: (888) 938-4715
E-mail: compcent@att.com

[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth
below the following documents, electronically stored information, or objects, and permit their
inspection, copying, testing, or sampling of the material:

Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:

IP Address Date/Time
UTC
108.89.36.115 06/19/2016
15:59:31

Place: Henrik Mosesi, Esq. Date and Time:
433 N. Camden Drive., 6th Floor March 24, 2017 @ 9:30 a.m.
Beverly Hills, 90210
Telephone: (310) 734-4269

[ ] Inspection of Premises: YOU ARE 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
the property or any designated object or operation on it.

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Place: Date and Time:

The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and
the potential consequences of not doing so.

Date: 2/6/17
CLERK OF COURT

____________________________ OR /s/ Henrik Mosesi, Esq.
Signature of Clerk or Deputy Clerk Henrik Mosesi, Esq.

The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who
issues or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor,
Beverly Hills, CA 90210 – Telephone: (310) 734-4269- E-mail: henry@mosesi.com

Notice to the person who issues or requests this subpoena
If this subpoena commands the production of documents, electronically stored information, or
tangible things or the inspection of premises before trial, a notice and a copy of the subpoena
must be served on each party in this case before it is served on the person to whom it is directed.
Fed. R. Civ. P. 45(a)(4).

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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (page 3)

Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)

(c) Place of Compliance. inspection may serve on the party or attorney
designated in the subpoena a written objection to
(1) For a Trial, Hearing, or Deposition. A inspecting, copying, testing, or sampling any or all
subpoena may command a person to attend a trial, of the materials or to inspecting the premises—or to
hearing, or deposition only as follows: producing electronically stored information in the
(A) within 100 miles of where the person form or forms requested. The objection must be
resides, is employed, or regularly transacts business served before the earlier of the time specified for
in person; or compliance or 14 days after the subpoena is served.
(B) within the state where the person resides, is If an objection is made, the following rules apply:
employed, or regularly transacts business in person, (i) At any time, on notice to the commanded
if the person person, the serving party may move the court for
(i) Is a person's party's officer; or the district where compliance is required for an
(ii) Is commanded to attend a trial and would order compelling production or inspection.
incur substantial expense. (ii) These acts may be required only as
directed in the order, and the order must protect a
(2) For Other Discovery: A subpoena may person who is neither a party nor a party’s officer
command: from significant expense resulting from
compliance.
(A) production of documents, electronically
stored information, or tangible things at a place (3) Quashing or Modifying a Subpoena.
within 100 miles of where the person resides, is
employed, or regularly transacts business in person; (A) When Required. On timely motion, the court for
and the district where compliance is required must
(B) inspection of premises at the premises to be quash or modify a subpoena that:
inspected.
(i) fails to allow a reasonable time to comply;
(d) Protecting a Person Subject to a Subpoena; (ii) requires a person to comply beyond the
Enforcement. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(1) Avoiding Undue Burden or Expense; protected matter, if no exception or waiver applies;
Sanctions. A party or attorney responsible for or
issuing and serving a subpoena must take (iv) subjects a person to undue burden.
reasonable steps to avoid imposing undue burden or
expense on a person subject to the subpoena. The (B) When Permitted. To protect a person subject
court for the district where compliance is required to or affected by a subpoena, the court for the
must enforce this duty and impose an appropriate district where compliance is required may, on
sanction—which may include lost earnings and motion, quash or modify the subpoena if it requires:
reasonable attorney’s fees—on a party or attorney (i) disclosing a trade secret or other confidential
who fails to comply. research, development, or commercial information;
or
(2) Command to Produce Materials or Permit (ii) disclosing an unretained expert’s opinion or
Inspection. information that does not describe specific
occurrences in dispute and results from the expert’s
(A) Appearance Not Required. A person study that was not requested by a party.
commanded to produce documents, electronically (C) Specifying Conditions as an Alternative. In
stored information, or tangible things, or to permit the circumstances described in Rule 45(d)(3)(B),
the inspection of premises, need not appear in the court may, instead of quashing or modifying a
person at the place of production or inspection subpoena, order appearance or production under
unless also commanded to appear for a deposition, specified conditions if the serving party:
hearing, or trial. (i) shows a substantial need for the testimony
(B) Objections. A person commanded to or material that cannot be otherwise met without
produce documents or tangible things or to permit undue hardship; and

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(ii) ensures that the subpoenaed person will be 26(b)(2)(C). The court may specify conditions for
reasonably compensated. the discovery.

(2) Claiming Privilege or Protection.
(e) Duties in Responding to a Subpoena.
(A) Information Withheld. A person
(1) Producing Documents or Electronically Stored withholding subpoenaed information under a claim
Information. These procedures apply to producing that it is privileged or subject to protection as trial-
documents or electronically stored information: preparation material must:
(i) expressly make the claim; and
(A) Documents. A person responding to a (ii) describe the nature of the withheld
subpoena to produce documents must produce them documents, communications, or tangible things in a
as they are kept in the ordinary course of business manner that, without revealing information itself
or must organize and label them to correspond to privileged or protected, will enable the parties to
the categories in the demand. assess the claim.
(B) Information Produced. If information
(B) Form for Producing Electronically Stored produced in response to a subpoena is subject to a
Information Not Specified. If a subpoena does not claim of privilege or of protection as trial-
specify a form for producing electronically stored preparation material, the person making the claim
information, the person responding must produce it may notify any party that received the information
in a form or forms in which it is ordinarily of the claim and the basis for it. After being
maintained or in a reasonably usable form or forms. notified, a party must promptly return, sequester, or
destroy the specified information and any copies it
(C) Electronically Stored Information Produced has; must not use or disclose the information until
in Only One Form. The person responding need not the claim is resolved; must take reasonable steps to
produce the same electronically stored information retrieve the information if the party disclosed it
in more than one form. before being notified; and may promptly present
the information under seal to the court for the
(D) Inaccessible Electronically Stored district where compliance is required for a
Information. The person responding need not determination of the claim. The person who
provide discovery of electronically stored produced the information must preserve the
information from sources that the person identifies information until the claim is resolved.
as not reasonably accessible because of undue
burden or cost. On motion to compel discovery or (g) Contempt.
for a protective order, the person responding must
show that the information is not reasonably The court for the district where compliance is
accessible because of undue burden or cost. If that required—and also, after a motion is transferred,
showing is made, the court may nonetheless order the issuing court—may hold in contempt a person
discovery from such sources if the requesting party who, having been served, fails without adequate
shows good cause, considering the limitations of excuse to obey the subpoena or an order related to
Rule it.

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Case Number: 3:16-cv-5828-WHA

Maxmind Geolocation Trace City: Fremont, CA

ISP Response Trace City: Newark, CA

Correct District: Yes

Date Filed: October 9, 2016

Voluntary Dismissal: Plaintiff filed its dismissal on May 5, 2017 because Defendant’s
ISP was unable to provide Plaintiff with Defendant’s name. All AT&T could provide to
Plaintiff was an address and the name “Sonic Customer.” Based on this information,
Plaintiff was unable to complete its investigation and therefore did not feel appropriate
moving forward with its case.

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1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-05828 WHA
11
United States District Court

Plaintiff,
12
For the Northern District of California

v. ORDER GRANTING EX PARTE
13 MOTION FOR LEAVE TO SERVE
JOHN DOE subscriber assigned IP THIRD-PARTY SUBPOENA PRIOR
14 Address 162.226.173.100, TO RULE 26(f) CONFERENCE

15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various

18 pornographic films and that John Doe defendant directly infringed those copyrights by

19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now

20 seeks leave to serve a subpoena on third-party AT&T Internet Services, in order to ascertain the

21 identity of the subscriber using that IP address prior to a Rule 26(f) conference.

22 Malibu Media’s motion is hereby GRANTED. This is without prejudice to any motions

23 to quash or modify the subpoena that may be filed by any interested party, including AT&T or

24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:

25 • The subpoena shall only request the actual name and address of the
subscriber to whom AT&T assigned the above-captioned IP address.
26 • The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
• Malibu Media shall attach a copy of this order to the subpoena.

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1 • Malibu Media may not use any information disclosed by AT&T for any
purpose other than protecting its rights as set forth in the complaint.
2
• AT&T shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on AT&T.
4
• The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on AT&T. AT&T shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform AT&T if any such motion is filed.
8 • Malibu Media shall not disclose defendant’s name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendant’s IP address, that it may subsequently
learn. All documents including defendant’s identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court

challenge the disclosure of any identifying information. Malibu Media
12 explicitly consented to the inclusion of such a protection in its motion.
For the Northern District of California

13 • Unless otherwise provided, both sides may file under seal any of
defendant’s identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
• Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides AT&T in this matter.
17 • Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendant’s identifying information from AT&T (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendant’s identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendant’s identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 • If Malibu Media learns, whether through subpoena response or other
communication, that defendant’s IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.

26
27
28

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1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court

12
For the Northern District of California

13
14
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27
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AO 88B (Rev.02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action

UNITED STATES DISTRICT COURT
for the Northern District of California

MALIBU MEDIA, LLC Civil Action No: 3:16-cv-05828-WHA
Plaintiff

v.

John Doe subscriber assigned to IP address
162.226.173.100,

Defendant.

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO
PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION

To: AT&T Internet Services
Legal Compliance
11760 Highway 1
Suite 600
North Palm Beach, FL. 33408
Facsimile: (888) 938-4715
E-mail: compcent@att.com

[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below
the following documents, electronically stored information, or objects, and permit their inspection,
copying, testing, or sampling of the material:

Please produce documents identifying the name AND address ONLY of the defendant John
Doe listed in the below chart:

IP Address Date/Time
UTC
162.226.173.100 05/30/2016
08:56:13

Place: Henrik Mosesi, Esq. Date and Time:
433 N. Camden Drive., 6th Floor March 24, 2017 @ 9:30 a.m.
Beverly Hills, 90210
Telephone: (310) 734-4269

[ ] Inspection of Premises: YOU ARE 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
the property or any designated object or operation on it.

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Place: Date and Time:

The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and
the potential consequences of not doing so.

Date: 2/6/17
CLERK OF COURT

____________________________ OR /s/ Henrik Mosesi, Esq.
Signature of Clerk or Deputy Clerk Henrik Mosesi, Esq.

The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues or
requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly Hills, CA
90210 – Telephone: (310) 734-4269- E-mail: henry@mosesi.com

Notice to the person who issues or requests this subpoena
If this subpoena commands the production of documents, electronically stored information, or
tangible things or the inspection of premises before trial, a notice and a copy of the subpoena
must be served on each party in this case before it is served on the person to whom it is directed.
Fed. R. Civ. P. 45(a)(4).

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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)

Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. inspecting, copying, testing, or sampling any or all
of the materials or to inspecting the premises—or to
(1) For a Trial, Hearing, or Deposition. A producing electronically stored information in the
subpoena may command a person to attend a trial, form or forms requested. The objection must be
hearing, or deposition only as follows: served before the earlier of the time specified for
(A) within 100 miles of where the person compliance or 14 days after the subpoena is served.
resides, is employed, or regularly transacts business If an objection is made, the following rules apply:
in person; or (i) At any time, on notice to the commanded
(B) within the state where the person resides, is person, the serving party may move the court for
employed, or regularly transacts business in person, the district where compliance is required for an
if the person order compelling production or inspection.
(i) Is a person's party's officer; or (ii) These acts may be required only as
(ii) Is commanded to attend a trial and would directed in the order, and the order must protect a
incur substantial expense. person who is neither a party nor a party’s officer
from significant expense resulting from
(2) For Other Discovery: A subpoena may compliance.
command:
(3) Quashing or Modifying a Subpoena.
(A) production of documents, electronically
stored information, or tangible things at a place (A) When Required. On timely motion, the court for
within 100 miles of where the person resides, is the district where compliance is required must
employed, or regularly transacts business in person; quash or modify a subpoena that:
and
(B) inspection of premises at the premises to be (i) fails to allow a reasonable time to comply;
inspected. (ii) requires a person to comply beyond the
geographical limits specified in Rule 45 ( c );
(d) Protecting a Person Subject to a Subpoena; (iii) requires disclosure of privileged or other
Enforcement. protected matter, if no exception or waiver applies;
or
(1) Avoiding Undue Burden or Expense; (iv) subjects a person to undue burden.
Sanctions. A party or attorney responsible for
issuing and serving a subpoena must take (B) When Permitted. To protect a person subject
reasonable steps to avoid imposing undue burden or to or affected by a subpoena, the court for the
expense on a person subject to the subpoena. The district where compliance is required may, on
court for the district where compliance is required motion, quash or modify the subpoena if it requires:
must enforce this duty and impose an appropriate (i) disclosing a trade secret or other confidential
sanction—which may include lost earnings and research, development, or commercial information;
reasonable attorney’s fees—on a party or attorney or
who fails to comply. (ii) disclosing an unretained expert’s opinion or
information that does not describe specific
(2) Command to Produce Materials or Permit occurrences in dispute and results from the expert’s
Inspection. study that was not requested by a party.
(C) Specifying Conditions as an Alternative. In
(A) Appearance Not Required. A person the circumstances described in Rule 45(d)(3)(B),
commanded to produce documents, electronically the court may, instead of quashing or modifying a
stored information, or tangible things, or to permit subpoena, order appearance or production under
the inspection of premises, need not appear in specified conditions if the serving party:
person at the place of production or inspection (i) shows a substantial need for the testimony
unless also commanded to appear for a deposition, or material that cannot be otherwise met without
hearing, or trial. undue hardship; and
(B) Objections. A person commanded to (ii) ensures that the subpoenaed person will be
produce documents or tangible things or to permit reasonably compensated.
inspection may serve on the party or attorney
designated in the subpoena a written objection to

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(e) Duties in Responding to a Subpoena.
(2) Claiming Privilege or Protection.
(1) Producing Documents or Electronically Stored
Information. These procedures apply to producing (A) Information Withheld. A person
documents or electronically stored information: withholding subpoenaed information under a claim
that it is privileged or subject to protection as trial-
(A) Documents. A person responding to a preparation material must:
subpoena to produce documents must produce them (i) expressly make the claim; and
as they are kept in the ordinary course of business (ii) describe the nature of the withheld
or must organize and label them to correspond to documents, communications, or tangible things in a
the categories in the demand. manner that, without revealing information itself
privileged or protected, will enable the parties to
(B) Form for Producing Electronically Stored assess the claim.
Information Not Specified. If a subpoena does not (B) Information Produced. If information
specify a form for producing electronically stored produced in response to a subpoena is subject to a
information, the person responding must produce it claim of privilege or of protection as trial-
in a form or forms in which it is ordinarily preparation material, the person making the claim
maintained or in a reasonably usable form or forms. may notify any party that received the information
of the claim and the basis for it. After being
(C) Electronically Stored Information Produced notified, a party must promptly return, sequester, or
in Only One Form. The person responding need not destroy the specified information and any copies it
produce the same electronically stored information has; must not use or disclose the information until
in more than one form. the claim is resolved; must take reasonable steps to
retrieve the information if the party disclosed it
(D) Inaccessible Electronically Stored before being notified; and may promptly present
Information. The person responding need not the information under seal to the court for the
provide discovery of electronically stored district where compliance is required for a
information from sources that the person identifies determination of the claim. The person who
as not reasonably accessible because of undue produced the information must preserve the
burden or cost. On motion to compel discovery or information until the claim is resolved.
for a protective order, the person responding must
show that the information is not reasonably (g) Contempt.
accessible because of undue burden or cost. If that
showing is made, the court may nonetheless order The court for the district where compliance is
discovery from such sources if the requesting party required—and also, after a motion is transferred,
shows good cause, considering the limitations of the issuing court—may hold in contempt a person
Rule who, having been served, fails without adequate
26(b)(2)(C). The court may specify conditions for excuse to obey the subpoena or an order related to
the discovery. it.

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SERVICE ADDRESS:

NEWARK, CA 94560

BILLING ADDRESS:

SANTA ROSA, CA 95407

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Case Number: 3:16-cv-6146-WHA

Maxmind Geolocation Trace City: Antioch, CA

ISP Response Trace City: Antioch, CA

Correct District: Yes

Date Filed: October 25, 2016

Voluntary Dismissal: Plaintiff filed a dismissal on April 4, 2017. After receiving
Defendant’s identity, Plaintiff’s investigation determined that the infringer was most
likely Defendant’s husband. However, Defendant contacted Plaintiff and she explained
her situation and that she survived only on social security. After Plaintiff’s conversation
with Defendant, Plaintiff did not desire to proceed with its case and accordingly,
dismissed.

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1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-06146 WHA
11
United States District Court

Plaintiff,
12
For the Northern District of California

v. ORDER GRANTING EX PARTE
13 MOTION FOR LEAVE TO SERVE
JOHN DOE subscriber assigned IP THIRD-PARTY SUBPOENA PRIOR
14 Address 162.228.218.223, TO RULE 26(f) CONFERENCE

15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various

18 pornographic films and that John Doe defendant directly infringed those copyrights by

19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now

20 seeks leave to serve a subpoena on third-party AT&T Internet Services, in order to ascertain the

21 identity of the subscriber using that IP address prior to a Rule 26(f) conference.

22 Malibu Media’s motion is hereby GRANTED. This is without prejudice to any motions

23 to quash or modify the subpoena that may be filed by any interested party, including AT&T or

24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:

25 • The subpoena shall only request the actual name and address of the
subscriber to whom AT&T assigned the above-captioned IP address.
26 • The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
• Malibu Media shall attach a copy of this order to the subpoena.

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1 • Malibu Media may not use any information disclosed by AT&T for any
purpose other than protecting its rights as set forth in the complaint.
2
• AT&T shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on AT&T.
4
• The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on AT&T. AT&T shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform AT&T if any such motion is filed.
8 • Malibu Media shall not disclose defendant’s name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendant’s IP address, that it may subsequently
learn. All documents including defendant’s identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court

challenge the disclosure of any identifying information. Malibu Media
12 explicitly consented to the inclusion of such a protection in its motion.
For the Northern District of California

13 • Unless otherwise provided, both sides may file under seal any of
defendant’s identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
• Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides AT&T in this matter.
17 • Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendant’s identifying information from AT&T (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendant’s identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendant’s identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 • If Malibu Media learns, whether through subpoena response or other
communication, that defendant’s IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.

26
27
28

2
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1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court

12
For the Northern District of California

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3
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AO 88B (Rev.02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action

UNITED STATES DISTRICT COURT
for the Northern District of California

MALIBU MEDIA, LLC Civil Action No: 3:16-cv-06146-WHA
Plaintiff

v.

John Doe subscriber assigned to IP address
162.228.218.223,

Defendant.

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO
PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION

To: AT&T Internet Services
Legal Compliance
11760 Highway 1
Suite 600
North Palm Beach, FL. 33408
Facsimile: (888) 938-4715
E-mail: compcent@att.com

[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below
the following documents, electronically stored information, or objects, and permit their inspection,
copying, testing, or sampling of the material:

Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:

IP Address Date/Time
UTC
162.228.218.223 07/01/2016
15:30:50

Place: Henrik Mosesi, Esq. Date and Time:
433 N. Camden Drive., 6th Floor March 24, 2017 @ 9:30 a.m.
Beverly Hills, 90210
Telephone: (310) 734-4269

[ ] Inspection of Premises: YOU ARE 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
the property or any designated object or operation on it.

Place: Date and Time:

374
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The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the
potential consequences of not doing so.

Date: 2/6/17
CLERK OF COURT

____________________________ OR /s/ Henrik Mosesi,
Esq.
Signature of Clerk or Deputy Clerk Henrik Mosesi, Esq.

The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues
or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly
Hills, CA 90210 – Telephone: (310) 734-4269- E-mail: henry@mosesi.com

Notice to the person who issues or requests this subpoena
If this subpoena commands the production of documents, electronically stored information,
or tangible things or the inspection of premises before trial, a notice and a copy of the
subpoena must be served on each party in this case before it is served on the person to
whom it is directed. Fed. R. Civ. P. 45(a)(4).

375
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)

Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. testing, or sampling any or all of the materials or to
inspecting the premises—or to producing
(1) For a Trial, Hearing, or Deposition. A subpoena electronically stored information in the form or
may command a person to attend a trial, hearing, or forms requested. The objection must be served
deposition only as follows: before the earlier of the time specified for
(A) within 100 miles of where the person resides, compliance or 14 days after the subpoena is served.
is employed, or regularly transacts business in If an objection is made, the following rules apply:
person; or (i) At any time, on notice to the commanded
(B) within the state where the person resides, is person, the serving party may move the court for the
employed, or regularly transacts business in person, district where compliance is required for an order
if the person compelling production or inspection.
(i) Is a person's party's officer; or (ii) These acts may be required only as directed
(ii) Is commanded to attend a trial and would in the order, and the order must protect a person who
incur substantial expense. is neither a party nor a party’s officer from
significant expense resulting from compliance.
(2) For Other Discovery: A subpoena may
command: (3) Quashing or Modifying a Subpoena.

(A) production of documents, electronically (A) When Required. On timely motion, the court for
stored information, or tangible things at a place the district where compliance is required must quash
within 100 miles of where the person resides, is or modify a subpoena that:
employed, or regularly transacts business in person;
and (i) fails to allow a reasonable time to comply;
(B) inspection of premises at the premises to be (ii) requires a person to comply beyond the
inspected. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(d) Protecting a Person Subject to a Subpoena; protected matter, if no exception or waiver applies;
Enforcement. or
(iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense;
Sanctions. A party or attorney responsible for (B) When Permitted. To protect a person subject to
issuing and serving a subpoena must take reasonable or affected by a subpoena, the court for the district
steps to avoid imposing undue burden or expense on where compliance is required may, on motion, quash
a person subject to the subpoena. The court for the or modify the subpoena if it requires:
district where compliance is required must enforce (i) disclosing a trade secret or other confidential
this duty and impose an appropriate sanction— research, development, or commercial information;
which may include lost earnings and reasonable or
attorney’s fees—on a party or attorney who fails to (ii) disclosing an unretained expert’s opinion or
comply. information that does not describe specific
occurrences in dispute and results from the expert’s
(2) Command to Produce Materials or Permit study that was not requested by a party.
Inspection. (C) Specifying Conditions as an Alternative. In the
circumstances described in Rule 45(d)(3)(B), the
(A) Appearance Not Required. A person court may, instead of quashing or modifying a
commanded to produce documents, electronically subpoena, order appearance or production under
stored information, or tangible things, or to permit specified conditions if the serving party:
the inspection of premises, need not appear in person (i) shows a substantial need for the testimony or
at the place of production or inspection unless also material that cannot be otherwise met without undue
commanded to appear for a deposition, hearing, or hardship; and
trial. (ii) ensures that the subpoenaed person will be
(B) Objections. A person commanded to produce reasonably compensated.
documents or tangible things or to permit inspection
may serve on the party or attorney designated in the
subpoena a written objection to inspecting, copying, (e) Duties in Responding to a Subpoena.

376
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(1) Producing Documents or Electronically Stored (2) Claiming Privilege or Protection.
Information. These procedures apply to producing
documents or electronically stored information: (A) Information Withheld. A person withholding
subpoenaed information under a claim that it is
(A) Documents. A person responding to a privileged or subject to protection as trial-
subpoena to produce documents must produce them preparation material must:
as they are kept in the ordinary course of business or (i) expressly make the claim; and
must organize and label them to correspond to the (ii) describe the nature of the withheld
categories in the demand. documents, communications, or tangible things in a
manner that, without revealing information itself
(B) Form for Producing Electronically Stored privileged or protected, will enable the parties to
Information Not Specified. If a subpoena does not assess the claim.
specify a form for producing electronically stored (B) Information Produced. If information
information, the person responding must produce it produced in response to a subpoena is subject to a
in a form or forms in which it is ordinarily claim of privilege or of protection as trial-
maintained or in a reasonably usable form or forms. preparation material, the person making the claim
may notify any party that received the information
(C) Electronically Stored Information Produced of the claim and the basis for it. After being notified,
in Only One Form. The person responding need not a party must promptly return, sequester, or destroy
produce the same electronically stored information the specified information and any copies it has; must
in more than one form. not use or disclose the information until the claim is
resolved; must take reasonable steps to retrieve the
(D) Inaccessible Electronically Stored information if the party disclosed it before being
Information. The person responding need not notified; and may promptly present the information
provide discovery of electronically stored under seal to the court for the district where
information from sources that the person identifies compliance is required for a determination of the
as not reasonably accessible because of undue claim. The person who produced the information
burden or cost. On motion to compel discovery or must preserve the information until the claim is
for a protective order, the person responding must resolved.
show that the information is not reasonably
accessible because of undue burden or cost. If that (g) Contempt.
showing is made, the court may nonetheless order
discovery from such sources if the requesting party The court for the district where compliance is
shows good cause, considering the limitations of required—and also, after a motion is transferred, the
Rule issuing court—may hold in contempt a person who,
26(b)(2)(C). The court may specify conditions for having been served, fails without adequate excuse to
the discovery. obey the subpoena or an order related to it.

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Case Number: 3:16-cv-05855-WHA

Maxmind Geolocation Trace City: Milpitas, CA

ISP Response Trace City: Milpitas, CA

Correct District: Yes

Date Filed: October 11, 2016

Voluntary Dismissal: Plaintiff filed its dismissal on May 5, 2017. On April 4, 2017,
Plaintiff received the subscriber’s identity. Although the IP address traced to a retail
store, Plaintiff was quickly able to determine that the store had limited employees, and its
additional evidence pinpointed, Defendant, the owner of the retail store, as the infringer.

On April 7, 2017 Plaintiff filed its Amended Complaint. Unfortunately, Plaintiff was
unable to obtain the summons in this case until April 26, 2017. Plaintiff filed a motion to
extend its service deadline, which was denied by this Court without prejudice. Plaintiff
ultimately determined it had to dismiss this case because it had not made diligent efforts
to receive the summons in person, causing unnecessary delays. Plaintiff and undersigned
sincerely apologize to the Court for its errors causing these delays and assure the Court
that, if in the future, Plaintiff files cases in this District, it will ensure it has counsel pick
up the summons in person to avoid needlessly burdening the Court with additional
extension requests.

387
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1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-05855 WHA
11
United States District Court

Plaintiff,
12
For the Northern District of California

v. ORDER GRANTING EX PARTE
13 MOTION FOR LEAVE TO SERVE
JOHN DOE subscriber assigned IP THIRD-PARTY SUBPOENA PRIOR
14 Address 172.9.234.15, TO RULE 26(f) CONFERENCE

15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various

18 pornographic films and that John Doe defendant directly infringed those copyrights by

19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now

20 seeks leave to serve a subpoena on third-party AT&T Internet Services, in order to ascertain the

21 identity of the subscriber using that IP address prior to a Rule 26(f) conference.

22 Malibu Media’s motion is hereby GRANTED. This is without prejudice to any motions

23 to quash or modify the subpoena that may be filed by any interested party, including AT&T or

24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:

25 • The subpoena shall only request the actual name and address of the
subscriber to whom AT&T assigned the above-captioned IP address.
26 • The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
• Malibu Media shall attach a copy of this order to the subpoena.

389
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1 • Malibu Media may not use any information disclosed by AT&T for any
purpose other than protecting its rights as set forth in the complaint.
2
• AT&T shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on AT&T.
4
• The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on AT&T. AT&T shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform AT&T if any such motion is filed.
8 • Malibu Media shall not disclose defendant’s name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendant’s IP address, that it may subsequently
learn. All documents including defendant’s identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court

challenge the disclosure of any identifying information. Malibu Media
12 explicitly consented to the inclusion of such a protection in its motion.
For the Northern District of California

13 • Unless otherwise provided, both sides may file under seal any of
defendant’s identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
• Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides AT&T in this matter.
17 • Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendant’s identifying information from AT&T (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendant’s identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendant’s identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 • If Malibu Media learns, whether through subpoena response or other
communication, that defendant’s IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.

26
27
28

2
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1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court

12
For the Northern District of California

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3
391
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AO 88B (Rev.02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action

UNITED STATES DISTRICT COURT
for the Northern District of California

MALIBU MEDIA, LLC Civil Action No: 3:16-cv-05855-WHA
Plaintiff

v.

John Doe subscriber assigned to IP address
172.9.234.15,

Defendant.

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO
PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION

To: AT&T Internet Services
Legal Compliance
11760 Highway 1
Suite 600
North Palm Beach, FL. 33408
Facsimile: (888) 938-4715
E-mail: compcent@att.com

[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below
the following documents, electronically stored information, or objects, and permit their inspection,
copying, testing, or sampling of the material:

Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:

IP Address Date/Time
UTC
172.9.234.15 06/05/2016
22:53:31

Place: Henrik Mosesi, Esq. Date and Time:
433 N. Camden Drive., 6th Floor March 24, 2017 @ 9:30 a.m.
Beverly Hills, 90210
Telephone: (310) 734-4269

[ ] Inspection of Premises: YOU ARE 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
the property or any designated object or operation on it.

Place: Date and Time:

392
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 393 of 798

The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the
potential consequences of not doing so.

Date: 2/6/17
CLERK OF COURT

____________________________ OR /s/ Henrik Mosesi,
Esq.
Signature of Clerk or Deputy Clerk Henrik Mosesi, Esq.

The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues
or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly
Hills, CA 90210 – Telephone: (310) 734-4269- E-mail: henry@mosesi.com

Notice to the person who issues or requests this subpoena
If this subpoena commands the production of documents, electronically stored information,
or tangible things or the inspection of premises before trial, a notice and a copy of the
subpoena must be served on each party in this case before it is served on the person to
whom it is directed. Fed. R. Civ. P. 45(a)(4).

393
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)

Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. testing, or sampling any or all of the materials or to
inspecting the premises—or to producing
(1) For a Trial, Hearing, or Deposition. A subpoena electronically stored information in the form or
may command a person to attend a trial, hearing, or forms requested. The objection must be served
deposition only as follows: before the earlier of the time specified for
(A) within 100 miles of where the person resides, compliance or 14 days after the subpoena is served.
is employed, or regularly transacts business in If an objection is made, the following rules apply:
person; or (i) At any time, on notice to the commanded
(B) within the state where the person resides, is person, the serving party may move the court for the
employed, or regularly transacts business in person, district where compliance is required for an order
if the person compelling production or inspection.
(i) Is a person's party's officer; or (ii) These acts may be required only as directed
(ii) Is commanded to attend a trial and would in the order, and the order must protect a person who
incur substantial expense. is neither a party nor a party’s officer from
significant expense resulting from compliance.
(2) For Other Discovery: A subpoena may
command: (3) Quashing or Modifying a Subpoena.

(A) production of documents, electronically (A) When Required. On timely motion, the court for
stored information, or tangible things at a place the district where compliance is required must quash
within 100 miles of where the person resides, is or modify a subpoena that:
employed, or regularly transacts business in person;
and (i) fails to allow a reasonable time to comply;
(B) inspection of premises at the premises to be (ii) requires a person to comply beyond the
inspected. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(d) Protecting a Person Subject to a Subpoena; protected matter, if no exception or waiver applies;
Enforcement. or
(iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense;
Sanctions. A party or attorney responsible for (B) When Permitted. To protect a person subject to
issuing and serving a subpoena must take reasonable or affected by a subpoena, the court for the district
steps to avoid imposing undue burden or expense on where compliance is required may, on motion, quash
a person subject to the subpoena. The court for the or modify the subpoena if it requires:
district where compliance is required must enforce (i) disclosing a trade secret or other confidential
this duty and impose an appropriate sanction— research, development, or commercial information;
which may include lost earnings and reasonable or
attorney’s fees—on a party or attorney who fails to (ii) disclosing an unretained expert’s opinion or
comply. information that does not describe specific
occurrences in dispute and results from the expert’s
(2) Command to Produce Materials or Permit study that was not requested by a party.
Inspection. (C) Specifying Conditions as an Alternative. In the
circumstances described in Rule 45(d)(3)(B), the
(A) Appearance Not Required. A person court may, instead of quashing or modifying a
commanded to produce documents, electronically subpoena, order appearance or production under
stored information, or tangible things, or to permit specified conditions if the serving party:
the inspection of premises, need not appear in person (i) shows a substantial need for the testimony or
at the place of production or inspection unless also material that cannot be otherwise met without undue
commanded to appear for a deposition, hearing, or hardship; and
trial. (ii) ensures that the subpoenaed person will be
(B) Objections. A person commanded to produce reasonably compensated.
documents or tangible things or to permit inspection
may serve on the party or attorney designated in the
subpoena a written objection to inspecting, copying, (e) Duties in Responding to a Subpoena.

394
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(1) Producing Documents or Electronically Stored (2) Claiming Privilege or Protection.
Information. These procedures apply to producing
documents or electronically stored information: (A) Information Withheld. A person withholding
subpoenaed information under a claim that it is
(A) Documents. A person responding to a privileged or subject to protection as trial-
subpoena to produce documents must produce them preparation material must:
as they are kept in the ordinary course of business or (i) expressly make the claim; and
must organize and label them to correspond to the (ii) describe the nature of the withheld
categories in the demand. documents, communications, or tangible things in a
manner that, without revealing information itself
(B) Form for Producing Electronically Stored privileged or protected, will enable the parties to
Information Not Specified. If a subpoena does not assess the claim.
specify a form for producing electronically stored (B) Information Produced. If information
information, the person responding must produce it produced in response to a subpoena is subject to a
in a form or forms in which it is ordinarily claim of privilege or of protection as trial-
maintained or in a reasonably usable form or forms. preparation material, the person making the claim
may notify any party that received the information
(C) Electronically Stored Information Produced of the claim and the basis for it. After being notified,
in Only One Form. The person responding need not a party must promptly return, sequester, or destroy
produce the same electronically stored information the specified information and any copies it has; must
in more than one form. not use or disclose the information until the claim is
resolved; must take reasonable steps to retrieve the
(D) Inaccessible Electronically Stored information if the party disclosed it before being
Information. The person responding need not notified; and may promptly present the information
provide discovery of electronically stored under seal to the court for the district where
information from sources that the person identifies compliance is required for a determination of the
as not reasonably accessible because of undue claim. The person who produced the information
burden or cost. On motion to compel discovery or must preserve the information until the claim is
for a protective order, the person responding must resolved.
show that the information is not reasonably
accessible because of undue burden or cost. If that (g) Contempt.
showing is made, the court may nonetheless order
discovery from such sources if the requesting party The court for the district where compliance is
shows good cause, considering the limitations of required—and also, after a motion is transferred, the
Rule issuing court—may hold in contempt a person who,
26(b)(2)(C). The court may specify conditions for having been served, fails without adequate excuse to
the discovery. obey the subpoena or an order related to it.

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403
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404
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410
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414
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Case Number: 3:16-cv-5743-WHA

Maxmind Geolocation Trace City: San Jose, CA

ISP Response Trace City: N/A

Correct District: N/A

Date Filed: October 6, 2016

Voluntary Dismissal: Plaintiff voluntarily dismissed this case because Plaintiff
inadvertently failed to file it's Motion for Leave to Serve a Third Party Subpoena on the
ISP and therefore did not receive the Defendant's identity. By the time Plaintiff realized
this error, such a motion would have likely been denied as untimely. Plaintiff sincerely
apologizes to the Court for its error and lack of due diligence.

417
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 418 of 798

Case Number: 3:16-cv-6111-WHA

Maxmind Geolocation Trace City: Sunnyvale, CA

ISP Response Trace City: Palo Alto, CA

Correct District: Yes

Date Filed: October 23, 2016

Voluntary Dismissal: Plaintiff received Defendant's identity on March 31, 2017 and
immediately began its investigation on Defendant. It’s investigation determined that the
subscriber was the most likely infringer based on numerous matches from Plaintiff’s
additional evidence to Defendant’s hobbies, interests, and work background.

Unfortunately, Plaintiff did not file its Amended Complaint until April 25, 2017.
Plaintiff received the summons on April 26, 2017, and on April 28, 2017 requested an
extension of service, which was denied without prejudice.

Because Plaintiff knew its investigation was not completed fast enough, Plaintiff did not
renew its extension request, believing it could not show due diligence. Plaintiff and
undersigned sincerely apologize to the Court for this inconvenience and assure the Court
that if Plaintiff ever files suit in this District again, it will do so only in small increments
and diligently manage its deadlines.

418
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1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-06111 WHA
11
United States District Court

Plaintiff,
12
For the Northern District of California

v. ORDER GRANTING EX PARTE
13 MOTION FOR LEAVE TO SERVE
JOHN DOE subscriber assigned IP THIRD-PARTY SUBPOENA PRIOR
14 address 24.130.56.150, TO RULE 26(f) CONFERENCE

15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various

18 pornographic films and that John Doe defendant directly infringed those copyrights by

19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now

20 seeks leave to serve a subpoena on third-party Comcast Cable Communications, LLC, in order

21 to ascertain the identity of the subscriber using that IP address prior to a Rule 26(f) conference.

22 Malibu Media’s motion is hereby GRANTED. This is without prejudice to any motions

23 to quash or modify the subpoena that may be filed by any interested party, including Comcast or

24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:

25 • The subpoena shall only request the actual name and address of the
subscriber to whom Comcast assigned the above-captioned IP address.
26 • The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
• Malibu Media shall attach a copy of this order to the subpoena.

419
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1 • Malibu Media may not use any information disclosed by Comcast for any
purpose other than protecting its rights as set forth in the complaint.
2
• Comcast shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on Comcast.
4
• The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on Comcast. Comcast shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform Comcast if any such motion is filed.
8 • Malibu Media shall not disclose defendant’s name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendant’s IP address, that it may subsequently
learn. All documents including defendant’s identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court

challenge the disclosure of any identifying information. Malibu Media
12 explicitly consented to the inclusion of such a protection in its motion.
For the Northern District of California

13 • Unless otherwise provided, both sides may file under seal any of
defendant’s identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
• Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides Comcast in this matter.
17 • Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendant’s identifying information from Comcast (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendant’s identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendant’s identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 • If Malibu Media learns, whether through subpoena response or other
communication, that defendant’s IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.

26
27
28

2
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1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court

12
For the Northern District of California

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3
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AO 88B (Rev.02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action

UNITED STATES DISTRICT COURT
for the Northern District of California

MALIBU MEDIA, LLC Civil Action No: 3:16-cv-06111-WHA
Plaintiff

v.

John Doe subscriber assigned to IP address
24.130.56.150,

Defendant.

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO
PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION

To: Comcast Corporation
c/o CT Corporation System
818 West Seventh Street, Ste 930
Los Angeles, CA. 90017

[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below
the following documents, electronically stored information, or objects, and permit their inspection,
copying, testing, or sampling of the material:

Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:

IP Address Date/Time
UTC
24.130.56.150 06/26/2016
13:49:43

Place: Henrik Mosesi, Esq. Date and Time:
433 N. Camden Drive., 6th Floor March 27, 2017 @ 9:30 a.m.
Beverly Hills, 90210
Telephone: (310) 734-4269

[ ] Inspection of Premises: YOU ARE 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
the property or any designated object or operation on it.

Place: Date and Time:

Certified Mail #: 7016 1970 0000 0900 3313
422
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 423 of 798

The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the
potential consequences of not doing so.

Date: 2/3/17
CLERK OF COURT

____________________________ OR /s/ Henrik Mosesi,
Esq.
Signature of Clerk or Deputy Clerk Henrik Mosesi, Esq.

The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues
or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly
Hills, CA 90210 – Telephone: (310) 734-4269- E-mail: henry@mosesi.com

Notice to the person who issues or requests this subpoena
If this subpoena commands the production of documents, electronically stored information,
or tangible things or the inspection of premises before trial, a notice and a copy of the
subpoena must be served on each party in this case before it is served on the person to
whom it is directed. Fed. R. Civ. P. 45(a)(4).

Certified Mail #: 7016 1970 0000 0900 3313
423
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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)

Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. subpoena a written objection to inspecting, copying,
testing, or sampling any or all of the materials or to
(1) For a Trial, Hearing, or Deposition. A subpoena inspecting the premises—or to producing
may command a person to attend a trial, hearing, or electronically stored information in the form or
deposition only as follows: forms requested. The objection must be served
(A) within 100 miles of where the person resides, before the earlier of the time specified for
is employed, or regularly transacts business in compliance or 14 days after the subpoena is served.
person; or If an objection is made, the following rules apply:
(B) within the state where the person resides, is (i) At any time, on notice to the commanded
employed, or regularly transacts business in person, person, the serving party may move the court for the
if the person district where compliance is required for an order
(i) Is a person's party's officer; or compelling production or inspection.
(ii) Is commanded to attend a trial and would (ii) These acts may be required only as directed
incur substantial expense. in the order, and the order must protect a person who
is neither a party nor a party’s officer from
(2) For Other Discovery: A subpoena may significant expense resulting from compliance.
command:
(3) Quashing or Modifying a Subpoena.
(A) production of documents, electronically
stored information, or tangible things at a place (A) When Required. On timely motion, the court for
within 100 miles of where the person resides, is the district where compliance is required must quash
employed, or regularly transacts business in person; or modify a subpoena that:
and
(B) inspection of premises at the premises to be (i) fails to allow a reasonable time to comply;
inspected. (ii) requires a person to comply beyond the
geographical limits specified in Rule 45 ( c );
(d) Protecting a Person Subject to a Subpoena; (iii) requires disclosure of privileged or other
Enforcement. protected matter, if no exception or waiver applies;
or
(1) Avoiding Undue Burden or Expense; (iv) subjects a person to undue burden.
Sanctions. A party or attorney responsible for
issuing and serving a subpoena must take reasonable (B) When Permitted. To protect a person subject to
steps to avoid imposing undue burden or expense on or affected by a subpoena, the court for the district
a person subject to the subpoena. The court for the where compliance is required may, on motion, quash
district where compliance is required must enforce or modify the subpoena if it requires:
this duty and impose an appropriate sanction— (i) disclosing a trade secret or other confidential
which may include lost earnings and reasonable research, development, or commercial information;
attorney’s fees—on a party or attorney who fails to or
comply. (ii) disclosing an unretained expert’s opinion or
information that does not describe specific
(2) Command to Produce Materials or Permit occurrences in dispute and results from the expert’s
Inspection. study that was not requested by a party.
(C) Specifying Conditions as an Alternative. In the
(A) Appearance Not Required. A person circumstances described in Rule 45(d)(3)(B), the
commanded to produce documents, electronically court may, instead of quashing or modifying a
stored information, or tangible things, or to permit subpoena, order appearance or production under
the inspection of premises, need not appear in person specified conditions if the serving party:
at the place of production or inspection unless also (i) shows a substantial need for the testimony or
commanded to appear for a deposition, hearing, or material that cannot be otherwise met without undue
trial. hardship; and
(B) Objections. A person commanded to produce (ii) ensures that the subpoenaed person will be
documents or tangible things or to permit inspection reasonably compensated.
may serve on the party or attorney designated in the

Certified Mail #: 7016 1970 0000 0900 3313
424
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 425 of 798

the discovery.
(e) Duties in Responding to a Subpoena.
(2) Claiming Privilege or Protection.
(1) Producing Documents or Electronically Stored
Information. These procedures apply to producing (A) Information Withheld. A person withholding
documents or electronically stored information: subpoenaed information under a claim that it is
privileged or subject to protection as trial-
(A) Documents. A person responding to a preparation material must:
subpoena to produce documents must produce them (i) expressly make the claim; and
as they are kept in the ordinary course of business or (ii) describe the nature of the withheld
must organize and label them to correspond to the documents, communications, or tangible things in a
categories in the demand. manner that, without revealing information itself
privileged or protected, will enable the parties to
(B) Form for Producing Electronically Stored assess the claim.
Information Not Specified. If a subpoena does not (B) Information Produced. If information
specify a form for producing electronically stored produced in response to a subpoena is subject to a
information, the person responding must produce it claim of privilege or of protection as trial-
in a form or forms in which it is ordinarily preparation material, the person making the claim
maintained or in a reasonably usable form or forms. may notify any party that received the information
of the claim and the basis for it. After being notified,
(C) Electronically Stored Information Produced a party must promptly return, sequester, or destroy
in Only One Form. The person responding need not the specified information and any copies it has; must
produce the same electronically stored information not use or disclose the information until the claim is
in more than one form. resolved; must take reasonable steps to retrieve the
information if the party disclosed it before being
(D) Inaccessible Electronically Stored notified; and may promptly present the information
Information. The person responding need not under seal to the court for the district where
provide discovery of electronically stored compliance is required for a determination of the
information from sources that the person identifies claim. The person who produced the information
as not reasonably accessible because of undue must preserve the information until the claim is
burden or cost. On motion to compel discovery or resolved.
for a protective order, the person responding must
show that the information is not reasonably (g) Contempt.
accessible because of undue burden or cost. If that
showing is made, the court may nonetheless order The court for the district where compliance is
discovery from such sources if the requesting party required—and also, after a motion is transferred, the
shows good cause, considering the limitations of issuing court—may hold in contempt a person who,
Rule having been served, fails without adequate excuse to
26(b)(2)(C). The court may specify conditions for obey the subpoena or an order related to it.

Certified Mail #: 7016 1970 0000 0900 3313
425
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Case Number: 3:16-cv-5827-WHA

Maxmind Geolocation Trace City: Redwood City, CA

ISP Response Trace City: N/A

Correct District: N/A

Date Filed: October 9, 2016

Voluntary Dismissal: On March 27, 2017 Plaintiff filed a voluntary dismissal because
Comcast could not identify the Defendant.

429
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1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-05827 WHA
11
United States District Court

Plaintiff,
12
For the Northern District of California

v. ORDER GRANTING EX PARTE
13 MOTION FOR LEAVE TO SERVE
JOHN DOE subscriber assigned IP THIRD-PARTY SUBPOENA PRIOR
14 address 24.5.14.8, TO RULE 26(f) CONFERENCE

15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various

18 pornographic films and that John Doe defendant directly infringed those copyrights by

19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now

20 seeks leave to serve a subpoena on third-party Comcast Cable Communications, LLC, in order

21 to ascertain the identity of the subscriber using that IP address prior to a Rule 26(f) conference.

22 Malibu Media’s motion is hereby GRANTED. This is without prejudice to any motions

23 to quash or modify the subpoena that may be filed by any interested party, including Comcast or

24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:

25 • The subpoena shall only request the actual name and address of the
subscriber to whom Comcast assigned the above-captioned IP address.
26 • The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
• Malibu Media shall attach a copy of this order to the subpoena.

430
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2 ofof3798

1 • Malibu Media may not use any information disclosed by Comcast for any
purpose other than protecting its rights as set forth in the complaint.
2
• Comcast shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on Comcast.
4
• The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on Comcast. Comcast shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform Comcast if any such motion is filed.
8 • Malibu Media shall not disclose defendant’s name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendant’s IP address, that it may subsequently
learn. All documents including defendant’s identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court

challenge the disclosure of any identifying information. Malibu Media
12 explicitly consented to the inclusion of such a protection in its motion.
For the Northern District of California

13 • Unless otherwise provided, both sides may file under seal any of
defendant’s identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
• Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides Comcast in this matter.
17 • Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendant’s identifying information from Comcast (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendant’s identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendant’s identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 • If Malibu Media learns, whether through subpoena response or other
communication, that defendant’s IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.

26
27
28

2
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3 ofof3798

1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court

12
For the Northern District of California

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3
432
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AO 88B (Rev.02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action

UNITED STATES DISTRICT COURT
for the Northern District of California

MALIBU MEDIA, LLC Civil Action No: 3:16-cv-05827-WHA
Plaintiff

v.

John Doe subscriber assigned to IP address
24.5.14.8,

Defendant.

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO
PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION

To: Comcast Corporation
c/o CT Corporation System
818 West Seventh Street, Ste 930
Los Angeles, CA. 90017

[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below
the following documents, electronically stored information, or objects, and permit their inspection,
copying, testing, or sampling of the material:

Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:

IP Address Date/Time
UTC
24.5.14.8 05/26/2016
04:24:13

Place: Henrik Mosesi, Esq. Date and Time:
433 N. Camden Drive., 6th Floor March 27, 2017 @ 9:30 a.m.
Beverly Hills, 90210
Telephone: (310) 734-4269

[ ] Inspection of Premises: YOU ARE 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
the property or any designated object or operation on it.

Place: Date and Time:

Certified Mail #: 7016 1970 0000 0900 3313
433
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 434 of 798

The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the
potential consequences of not doing so.

Date: 2/3/17
CLERK OF COURT

____________________________ OR /s/ Henrik Mosesi,
Esq.
Signature of Clerk or Deputy Clerk Henrik Mosesi, Esq.

The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues
or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly
Hills, CA 90210 – Telephone: (310) 734-4269- E-mail: henry@mosesi.com

Notice to the person who issues or requests this subpoena
If this subpoena commands the production of documents, electronically stored information,
or tangible things or the inspection of premises before trial, a notice and a copy of the
subpoena must be served on each party in this case before it is served on the person to
whom it is directed. Fed. R. Civ. P. 45(a)(4).

Certified Mail #: 7016 1970 0000 0900 3313
434
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 435 of 798

AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)

Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. subpoena a written objection to inspecting, copying,
testing, or sampling any or all of the materials or to
(1) For a Trial, Hearing, or Deposition. A subpoena inspecting the premises—or to producing
may command a person to attend a trial, hearing, or electronically stored information in the form or
deposition only as follows: forms requested. The objection must be served
(A) within 100 miles of where the person resides, before the earlier of the time specified for
is employed, or regularly transacts business in compliance or 14 days after the subpoena is served.
person; or If an objection is made, the following rules apply:
(B) within the state where the person resides, is (i) At any time, on notice to the commanded
employed, or regularly transacts business in person, person, the serving party may move the court for the
if the person district where compliance is required for an order
(i) Is a person's party's officer; or compelling production or inspection.
(ii) Is commanded to attend a trial and would (ii) These acts may be required only as directed
incur substantial expense. in the order, and the order must protect a person who
is neither a party nor a party’s officer from
(2) For Other Discovery: A subpoena may significant expense resulting from compliance.
command:
(3) Quashing or Modifying a Subpoena.
(A) production of documents, electronically
stored information, or tangible things at a place (A) When Required. On timely motion, the court for
within 100 miles of where the person resides, is the district where compliance is required must quash
employed, or regularly transacts business in person; or modify a subpoena that:
and
(B) inspection of premises at the premises to be (i) fails to allow a reasonable time to comply;
inspected. (ii) requires a person to comply beyond the
geographical limits specified in Rule 45 ( c );
(d) Protecting a Person Subject to a Subpoena; (iii) requires disclosure of privileged or other
Enforcement. protected matter, if no exception or waiver applies;
or
(1) Avoiding Undue Burden or Expense; (iv) subjects a person to undue burden.
Sanctions. A party or attorney responsible for
issuing and serving a subpoena must take reasonable (B) When Permitted. To protect a person subject to
steps to avoid imposing undue burden or expense on or affected by a subpoena, the court for the district
a person subject to the subpoena. The court for the where compliance is required may, on motion, quash
district where compliance is required must enforce or modify the subpoena if it requires:
this duty and impose an appropriate sanction— (i) disclosing a trade secret or other confidential
which may include lost earnings and reasonable research, development, or commercial information;
attorney’s fees—on a party or attorney who fails to or
comply. (ii) disclosing an unretained expert’s opinion or
information that does not describe specific
(2) Command to Produce Materials or Permit occurrences in dispute and results from the expert’s
Inspection. study that was not requested by a party.
(C) Specifying Conditions as an Alternative. In the
(A) Appearance Not Required. A person circumstances described in Rule 45(d)(3)(B), the
commanded to produce documents, electronically court may, instead of quashing or modifying a
stored information, or tangible things, or to permit subpoena, order appearance or production under
the inspection of premises, need not appear in person specified conditions if the serving party:
at the place of production or inspection unless also (i) shows a substantial need for the testimony or
commanded to appear for a deposition, hearing, or material that cannot be otherwise met without undue
trial. hardship; and
(B) Objections. A person commanded to produce (ii) ensures that the subpoenaed person will be
documents or tangible things or to permit inspection reasonably compensated.
may serve on the party or attorney designated in the

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435
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the discovery.
(e) Duties in Responding to a Subpoena.
(2) Claiming Privilege or Protection.
(1) Producing Documents or Electronically Stored
Information. These procedures apply to producing (A) Information Withheld. A person withholding
documents or electronically stored information: subpoenaed information under a claim that it is
privileged or subject to protection as trial-
(A) Documents. A person responding to a preparation material must:
subpoena to produce documents must produce them (i) expressly make the claim; and
as they are kept in the ordinary course of business or (ii) describe the nature of the withheld
must organize and label them to correspond to the documents, communications, or tangible things in a
categories in the demand. manner that, without revealing information itself
privileged or protected, will enable the parties to
(B) Form for Producing Electronically Stored assess the claim.
Information Not Specified. If a subpoena does not (B) Information Produced. If information
specify a form for producing electronically stored produced in response to a subpoena is subject to a
information, the person responding must produce it claim of privilege or of protection as trial-
in a form or forms in which it is ordinarily preparation material, the person making the claim
maintained or in a reasonably usable form or forms. may notify any party that received the information
of the claim and the basis for it. After being notified,
(C) Electronically Stored Information Produced a party must promptly return, sequester, or destroy
in Only One Form. The person responding need not the specified information and any copies it has; must
produce the same electronically stored information not use or disclose the information until the claim is
in more than one form. resolved; must take reasonable steps to retrieve the
information if the party disclosed it before being
(D) Inaccessible Electronically Stored notified; and may promptly present the information
Information. The person responding need not under seal to the court for the district where
provide discovery of electronically stored compliance is required for a determination of the
information from sources that the person identifies claim. The person who produced the information
as not reasonably accessible because of undue must preserve the information until the claim is
burden or cost. On motion to compel discovery or resolved.
for a protective order, the person responding must
show that the information is not reasonably (g) Contempt.
accessible because of undue burden or cost. If that
showing is made, the court may nonetheless order The court for the district where compliance is
discovery from such sources if the requesting party required—and also, after a motion is transferred, the
shows good cause, considering the limitations of issuing court—may hold in contempt a person who,
Rule having been served, fails without adequate excuse to
26(b)(2)(C). The court may specify conditions for obey the subpoena or an order related to it.

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Case Number: 3:16-cv-5848-WHA

Maxmind Geolocation Trace City: Freemont, CA

ISP Response Trace City: N/A

Correct District: N/A

Date Filed: October 11, 2016

Voluntary Dismissal: On March 17, 2017 Plaintiff filed a voluntary dismissal because
Comcast could not identify the Defendant.

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1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-05848 WHA
11
United States District Court

Plaintiff,
12
For the Northern District of California

v. ORDER GRANTING EX PARTE
13 MOTION FOR LEAVE TO SERVE
JOHN DOE subscriber assigned IP THIRD-PARTY SUBPOENA PRIOR
14 address 24.6.75.159, TO RULE 26(f) CONFERENCE

15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various

18 pornographic films and that John Doe defendant directly infringed those copyrights by

19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now

20 seeks leave to serve a subpoena on third-party Comcast Cable Communications, LLC, in order

21 to ascertain the identity of the subscriber using that IP address prior to a Rule 26(f) conference.

22 Malibu Media’s motion is hereby GRANTED. This is without prejudice to any motions

23 to quash or modify the subpoena that may be filed by any interested party, including Comcast or

24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:

25 • The subpoena shall only request the actual name and address of the
subscriber to whom Comcast assigned the above-captioned IP address.
26 • The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
• Malibu Media shall attach a copy of this order to the subpoena.

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1 • Malibu Media may not use any information disclosed by Comcast for any
purpose other than protecting its rights as set forth in the complaint.
2
• Comcast shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on Comcast.
4
• The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on Comcast. Comcast shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform Comcast if any such motion is filed.
8 • Malibu Media shall not disclose defendant’s name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendant’s IP address, that it may subsequently
learn. All documents including defendant’s identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court

challenge the disclosure of any identifying information. Malibu Media
12 explicitly consented to the inclusion of such a protection in its motion.
For the Northern District of California

13 • Unless otherwise provided, both sides may file under seal any of
defendant’s identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
• Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides Comcast in this matter.
17 • Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendant’s identifying information from Comcast (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendant’s identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendant’s identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 • If Malibu Media learns, whether through subpoena response or other
communication, that defendant’s IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.

26
27
28

2
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1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court

12
For the Northern District of California

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3
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AO 88B (Rev.02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action

UNITED STATES DISTRICT COURT
for the Northern District of California

MALIBU MEDIA, LLC Civil Action No: 3:16-cv-05848-WHA
Plaintiff

v.

John Doe subscriber assigned to IP address
24.6.75.159,

Defendant.

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO
PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION

To: Comcast Corporation
c/o CT Corporation System
818 West Seventh Street, Ste. 930
Los Angeles, CA. 90017

[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below
the following documents, electronically stored information, or objects, and permit their inspection,
copying, testing, or sampling of the material:

Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:

IP Address Date/Time
UTC
24.6.75.159 06/02/2016
15:16:15

Place: Henrik Mosesi, Esq. Date and Time:
433 N. Camden Drive., 6th Floor March 27, 2017 @ 9:30 a.m.
Beverly Hills, 90210
Telephone: (310) 734-4269

[ ] Inspection of Premises: YOU ARE 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
the property or any designated object or operation on it.

Place: Date and Time:

Certified Mail #: 7016 1970 0000 0900 3313
444
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 445 of 798

The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the
potential consequences of not doing so.

Date: 2/3/17
CLERK OF COURT

____________________________ OR /s/ Henrik Mosesi,
Esq.
Signature of Clerk or Deputy Clerk Henrik Mosesi, Esq.

The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues
or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly
Hills, CA 90210 – Telephone: (310) 734-4269- E-mail: henry@mosesi.com

Notice to the person who issues or requests this subpoena
If this subpoena commands the production of documents, electronically stored information,
or tangible things or the inspection of premises before trial, a notice and a copy of the
subpoena must be served on each party in this case before it is served on the person to
whom it is directed. Fed. R. Civ. P. 45(a)(4).

Certified Mail #: 7016 1970 0000 0900 3313
445
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 446 of 798

AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)

Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. testing, or sampling any or all of the materials or to
inspecting the premises—or to producing
(1) For a Trial, Hearing, or Deposition. A subpoena electronically stored information in the form or
may command a person to attend a trial, hearing, or forms requested. The objection must be served
deposition only as follows: before the earlier of the time specified for
(A) within 100 miles of where the person resides, compliance or 14 days after the subpoena is served.
is employed, or regularly transacts business in If an objection is made, the following rules apply:
person; or (i) At any time, on notice to the commanded
(B) within the state where the person resides, is person, the serving party may move the court for the
employed, or regularly transacts business in person, district where compliance is required for an order
if the person compelling production or inspection.
(i) Is a person's party's officer; or (ii) These acts may be required only as directed
(ii) Is commanded to attend a trial and would in the order, and the order must protect a person who
incur substantial expense. is neither a party nor a party’s officer from
significant expense resulting from compliance.
(2) For Other Discovery: A subpoena may
command: (3) Quashing or Modifying a Subpoena.

(A) production of documents, electronically (A) When Required. On timely motion, the court for
stored information, or tangible things at a place the district where compliance is required must quash
within 100 miles of where the person resides, is or modify a subpoena that:
employed, or regularly transacts business in person;
and (i) fails to allow a reasonable time to comply;
(B) inspection of premises at the premises to be (ii) requires a person to comply beyond the
inspected. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(d) Protecting a Person Subject to a Subpoena; protected matter, if no exception or waiver applies;
Enforcement. or
(iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense;
Sanctions. A party or attorney responsible for (B) When Permitted. To protect a person subject to
issuing and serving a subpoena must take reasonable or affected by a subpoena, the court for the district
steps to avoid imposing undue burden or expense on where compliance is required may, on motion, quash
a person subject to the subpoena. The court for the or modify the subpoena if it requires:
district where compliance is required must enforce (i) disclosing a trade secret or other confidential
this duty and impose an appropriate sanction— research, development, or commercial information;
which may include lost earnings and reasonable or
attorney’s fees—on a party or attorney who fails to (ii) disclosing an unretained expert’s opinion or
comply. information that does not describe specific
occurrences in dispute and results from the expert’s
(2) Command to Produce Materials or Permit study that was not requested by a party.
Inspection. (C) Specifying Conditions as an Alternative. In the
circumstances described in Rule 45(d)(3)(B), the
(A) Appearance Not Required. A person court may, instead of quashing or modifying a
commanded to produce documents, electronically subpoena, order appearance or production under
stored information, or tangible things, or to permit specified conditions if the serving party:
the inspection of premises, need not appear in person (i) shows a substantial need for the testimony or
at the place of production or inspection unless also material that cannot be otherwise met without undue
commanded to appear for a deposition, hearing, or hardship; and
trial. (ii) ensures that the subpoenaed person will be
(B) Objections. A person commanded to produce reasonably compensated.
documents or tangible things or to permit inspection
may serve on the party or attorney designated in the
subpoena a written objection to inspecting, copying, (e) Duties in Responding to a Subpoena.

Certified Mail #: 7016 1970 0000 0900 3313
446
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 447 of 798

(1) Producing Documents or Electronically Stored (2) Claiming Privilege or Protection.
Information. These procedures apply to producing
documents or electronically stored information: (A) Information Withheld. A person withholding
subpoenaed information under a claim that it is
(A) Documents. A person responding to a privileged or subject to protection as trial-
subpoena to produce documents must produce them preparation material must:
as they are kept in the ordinary course of business or (i) expressly make the claim; and
must organize and label them to correspond to the (ii) describe the nature of the withheld
categories in the demand. documents, communications, or tangible things in a
manner that, without revealing information itself
(B) Form for Producing Electronically Stored privileged or protected, will enable the parties to
Information Not Specified. If a subpoena does not assess the claim.
specify a form for producing electronically stored (B) Information Produced. If information
information, the person responding must produce it produced in response to a subpoena is subject to a
in a form or forms in which it is ordinarily claim of privilege or of protection as trial-
maintained or in a reasonably usable form or forms. preparation material, the person making the claim
may notify any party that received the information
(C) Electronically Stored Information Produced of the claim and the basis for it. After being notified,
in Only One Form. The person responding need not a party must promptly return, sequester, or destroy
produce the same electronically stored information the specified information and any copies it has; must
in more than one form. not use or disclose the information until the claim is
resolved; must take reasonable steps to retrieve the
(D) Inaccessible Electronically Stored information if the party disclosed it before being
Information. The person responding need not notified; and may promptly present the information
provide discovery of electronically stored under seal to the court for the district where
information from sources that the person identifies compliance is required for a determination of the
as not reasonably accessible because of undue claim. The person who produced the information
burden or cost. On motion to compel discovery or must preserve the information until the claim is
for a protective order, the person responding must resolved.
show that the information is not reasonably
accessible because of undue burden or cost. If that (g) Contempt.
showing is made, the court may nonetheless order
discovery from such sources if the requesting party The court for the district where compliance is
shows good cause, considering the limitations of required—and also, after a motion is transferred, the
Rule issuing court—may hold in contempt a person who,
26(b)(2)(C). The court may specify conditions for having been served, fails without adequate excuse to
the discovery. obey the subpoena or an order related to it.

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Case Number: 3:16-cv-5974-WHA

Maxmind Geolocation Trace City: San Francisco, CA

ISP Response Trace City: Danville, CA

Correct District: Yes

Date Filed: October 17, 2016

Voluntary Dismissal: On April 14, 2017, Plaintiff filed a voluntary dismissal in this case
because its investigation revealed that the subscriber is an elderly female woman with
limited financial means. Because Plaintiff does not desire to pursue cases against the
elderly, nor cause financial hardship, Plaintiff decided to dismiss the case.

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1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-05974 WHA
11
United States District Court

Plaintiff,
12
For the Northern District of California

v. ORDER GRANTING EX PARTE
13 MOTION FOR LEAVE TO SERVE
JOHN DOE subscriber assigned IP THIRD-PARTY SUBPOENA PRIOR
14 address 50.131.211.10, TO RULE 26(f) CONFERENCE

15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various

18 pornographic films and that John Doe defendant directly infringed those copyrights by

19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now

20 seeks leave to serve a subpoena on third-party Comcast Cable Communications, LLC, in order

21 to ascertain the identity of the subscriber using that IP address prior to a Rule 26(f) conference.

22 Malibu Media’s motion is hereby GRANTED. This is without prejudice to any motions

23 to quash or modify the subpoena that may be filed by any interested party, including Comcast or

24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:

25 • The subpoena shall only request the actual name and address of the
subscriber to whom Comcast assigned the above-captioned IP address.
26 • The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
• Malibu Media shall attach a copy of this order to the subpoena.

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1 • Malibu Media may not use any information disclosed by Comcast for any
purpose other than protecting its rights as set forth in the complaint.
2
• Comcast shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on Comcast.
4
• The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on Comcast. Comcast shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform Comcast if any such motion is filed.
8 • Malibu Media shall not disclose defendant’s name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendant’s IP address, that it may subsequently
learn. All documents including defendant’s identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court

challenge the disclosure of any identifying information. Malibu Media
12 explicitly consented to the inclusion of such a protection in its motion.
For the Northern District of California

13 • Unless otherwise provided, both sides may file under seal any of
defendant’s identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
• Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides Comcast in this matter.
17 • Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendant’s identifying information from Comcast (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendant’s identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendant’s identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 • If Malibu Media learns, whether through subpoena response or other
communication, that defendant’s IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.

26
27
28

2
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3:16-cv-05974-WHA
Document
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1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court

12
For the Northern District of California

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3
454
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 455 of 798

AO 88B (Rev.02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action

UNITED STATES DISTRICT COURT
for the Northern District of California

MALIBU MEDIA, LLC Civil Action No: 3:16-cv-05974-WHA
Plaintiff

v.

John Doe subscriber assigned to IP address
50.131.211.10,

Defendant.

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO
PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION

To: Comcast Corporation
c/o CT Corporation System
818 West Seventh Street, Ste 930
Los Angeles, CA. 90017

[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below
the following documents, electronically stored information, or objects, and permit their inspection,
copying, testing, or sampling of the material:

Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:

IP Address Date/Time
UTC
50.131.211.10 06/20/2016
20:12:03

Place: Henrik Mosesi, Esq. Date and Time:
433 N. Camden Drive., 6th Floor March 27, 2017 @ 9:30 a.m.
Beverly Hills, 90210
Telephone: (310) 734-4269

[ ] Inspection of Premises: YOU ARE 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 the property
or any designated object or operation on it.

Place: Date and Time:

Certified Mail #: 7016 1970 0000 0900 3313
455
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 456 of 798

The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the
potential consequences of not doing so.

Date: 2/3/17
CLERK OF COURT

____________________________ OR /s/ Henrik Mosesi,
Esq.
Signature of Clerk or Deputy Clerk Henrik Mosesi, Esq.

The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues
or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly
Hills, CA 90210 – Telephone: (310) 734-4269- E-mail: henry@mosesi.com

Notice to the person who issues or requests this subpoena
If this subpoena commands the production of documents, electronically stored information,
or tangible things or the inspection of premises before trial, a notice and a copy of the
subpoena must be served on each party in this case before it is served on the person to
whom it is directed. Fed. R. Civ. P. 45(a)(4).

Certified Mail #: 7016 1970 0000 0900 3313
456
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 457 of 798

AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)

Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. testing, or sampling any or all of the materials or to
inspecting the premises—or to producing
(1) For a Trial, Hearing, or Deposition. A subpoena electronically stored information in the form or
may command a person to attend a trial, hearing, or forms requested. The objection must be served
deposition only as follows: before the earlier of the time specified for
(A) within 100 miles of where the person resides, compliance or 14 days after the subpoena is served.
is employed, or regularly transacts business in If an objection is made, the following rules apply:
person; or (i) At any time, on notice to the commanded
(B) within the state where the person resides, is person, the serving party may move the court for the
employed, or regularly transacts business in person, district where compliance is required for an order
if the person compelling production or inspection.
(i) Is a person's party's officer; or (ii) These acts may be required only as directed
(ii) Is commanded to attend a trial and would in the order, and the order must protect a person who
incur substantial expense. is neither a party nor a party’s officer from
significant expense resulting from compliance.
(2) For Other Discovery: A subpoena may
command: (3) Quashing or Modifying a Subpoena.

(A) production of documents, electronically (A) When Required. On timely motion, the court for
stored information, or tangible things at a place the district where compliance is required must quash
within 100 miles of where the person resides, is or modify a subpoena that:
employed, or regularly transacts business in person;
and (i) fails to allow a reasonable time to comply;
(B) inspection of premises at the premises to be (ii) requires a person to comply beyond the
inspected. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(d) Protecting a Person Subject to a Subpoena; protected matter, if no exception or waiver applies;
Enforcement. or
(iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense;
Sanctions. A party or attorney responsible for (B) When Permitted. To protect a person subject to
issuing and serving a subpoena must take reasonable or affected by a subpoena, the court for the district
steps to avoid imposing undue burden or expense on where compliance is required may, on motion, quash
a person subject to the subpoena. The court for the or modify the subpoena if it requires:
district where compliance is required must enforce (i) disclosing a trade secret or other confidential
this duty and impose an appropriate sanction— research, development, or commercial information;
which may include lost earnings and reasonable or
attorney’s fees—on a party or attorney who fails to (ii) disclosing an unretained expert’s opinion or
comply. information that does not describe specific
occurrences in dispute and results from the expert’s
(2) Command to Produce Materials or Permit study that was not requested by a party.
Inspection. (C) Specifying Conditions as an Alternative. In the
circumstances described in Rule 45(d)(3)(B), the
(A) Appearance Not Required. A person court may, instead of quashing or modifying a
commanded to produce documents, electronically subpoena, order appearance or production under
stored information, or tangible things, or to permit specified conditions if the serving party:
the inspection of premises, need not appear in person (i) shows a substantial need for the testimony or
at the place of production or inspection unless also material that cannot be otherwise met without undue
commanded to appear for a deposition, hearing, or hardship; and
trial. (ii) ensures that the subpoenaed person will be
(B) Objections. A person commanded to produce reasonably compensated.
documents or tangible things or to permit inspection
may serve on the party or attorney designated in the
subpoena a written objection to inspecting, copying, (e) Duties in Responding to a Subpoena.

Certified Mail #: 7016 1970 0000 0900 3313
457
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 458 of 798

(1) Producing Documents or Electronically Stored (2) Claiming Privilege or Protection.
Information. These procedures apply to producing
documents or electronically stored information: (A) Information Withheld. A person withholding
subpoenaed information under a claim that it is
(A) Documents. A person responding to a privileged or subject to protection as trial-
subpoena to produce documents must produce them preparation material must:
as they are kept in the ordinary course of business or (i) expressly make the claim; and
must organize and label them to correspond to the (ii) describe the nature of the withheld
categories in the demand. documents, communications, or tangible things in a
manner that, without revealing information itself
(B) Form for Producing Electronically Stored privileged or protected, will enable the parties to
Information Not Specified. If a subpoena does not assess the claim.
specify a form for producing electronically stored (B) Information Produced. If information
information, the person responding must produce it produced in response to a subpoena is subject to a
in a form or forms in which it is ordinarily claim of privilege or of protection as trial-
maintained or in a reasonably usable form or forms. preparation material, the person making the claim
may notify any party that received the information
(C) Electronically Stored Information Produced of the claim and the basis for it. After being notified,
in Only One Form. The person responding need not a party must promptly return, sequester, or destroy
produce the same electronically stored information the specified information and any copies it has; must
in more than one form. not use or disclose the information until the claim is
resolved; must take reasonable steps to retrieve the
(D) Inaccessible Electronically Stored information if the party disclosed it before being
Information. The person responding need not notified; and may promptly present the information
provide discovery of electronically stored under seal to the court for the district where
information from sources that the person identifies compliance is required for a determination of the
as not reasonably accessible because of undue claim. The person who produced the information
burden or cost. On motion to compel discovery or must preserve the information until the claim is
for a protective order, the person responding must resolved.
show that the information is not reasonably
accessible because of undue burden or cost. If that (g) Contempt.
showing is made, the court may nonetheless order
discovery from such sources if the requesting party The court for the district where compliance is
shows good cause, considering the limitations of required—and also, after a motion is transferred, the
Rule issuing court—may hold in contempt a person who,
26(b)(2)(C). The court may specify conditions for having been served, fails without adequate excuse to
the discovery. obey the subpoena or an order related to it.

Certified Mail #: 7016 1970 0000 0900 3313
458
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Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 461 of 798
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 462 of 798

Case Number: 3:16-cv-5825-WHA

Maxmind Geolocation Trace City: San Francisco, CA

ISP Response Trace City: N/A

Correct District: N/A

Date Filed: October 9, 2016

Voluntary Dismissal: Plaintiff filed a voluntary dismissal because Comcast could not
identify the subscriber.

462
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3:16-cv-05825-WHA
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Page463
1 ofof3798

1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-05825 WHA
11
United States District Court

Plaintiff,
12
For the Northern District of California

v. ORDER GRANTING EX PARTE
13 MOTION FOR LEAVE TO SERVE
JOHN DOE subscriber assigned IP THIRD-PARTY SUBPOENA PRIOR
14 address 50.174.0.6, TO RULE 26(f) CONFERENCE

15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various

18 pornographic films and that John Doe defendant directly infringed those copyrights by

19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now

20 seeks leave to serve a subpoena on third-party Comcast Cable Communications, LLC, in order

21 to ascertain the identity of the subscriber using that IP address prior to a Rule 26(f) conference.

22 Malibu Media’s motion is hereby GRANTED. This is without prejudice to any motions

23 to quash or modify the subpoena that may be filed by any interested party, including Comcast or

24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:

25 • The subpoena shall only request the actual name and address of the
subscriber to whom Comcast assigned the above-captioned IP address.
26 • The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
• Malibu Media shall attach a copy of this order to the subpoena.

463
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3:16-cv-05825-WHA
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2 ofof3798

1 • Malibu Media may not use any information disclosed by Comcast for any
purpose other than protecting its rights as set forth in the complaint.
2
• Comcast shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on Comcast.
4
• The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on Comcast. Comcast shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform Comcast if any such motion is filed.
8 • Malibu Media shall not disclose defendant’s name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendant’s IP address, that it may subsequently
learn. All documents including defendant’s identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court

challenge the disclosure of any identifying information. Malibu Media
12 explicitly consented to the inclusion of such a protection in its motion.
For the Northern District of California

13 • Unless otherwise provided, both sides may file under seal any of
defendant’s identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
• Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides Comcast in this matter.
17 • Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendant’s identifying information from Comcast (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendant’s identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendant’s identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 • If Malibu Media learns, whether through subpoena response or other
communication, that defendant’s IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.

26
27
28

2
464
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3:16-cv-05825-WHA
Document
Document
27-311 Filed
Filed05/17/17
02/01/17 Page
Page465
3 ofof3798

1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court

12
For the Northern District of California

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3
465
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 466 of 798

AO 88B (Rev.02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action

UNITED STATES DISTRICT COURT
for the Northern District of California

MALIBU MEDIA, LLC Civil Action No: 3:16-cv-05825-WHA
Plaintiff

v.

John Doe subscriber assigned to IP address
50.174.0.6,

Defendant.

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO
PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION

To: Comcast Corporation
c/o CT Corporation System
818 West Seventh Street, Ste. 930
Los Angeles, CA. 90017

[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below
the following documents, electronically stored information, or objects, and permit their inspection,
copying, testing, or sampling of the material:

Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:

IP Address Date/Time
UTC
50.174.0.6 05/21/2016
23:39:15

Place: Henrik Mosesi, Esq. Date and Time:
433 N. Camden Drive., 6th Floor March 27, 2017 @ 9:30 a.m.
Beverly Hills, 90210
Telephone: (310) 734-4269

[ ] Inspection of Premises: YOU ARE 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
the property or any designated object or operation on it.

Place: Date and Time:

Certified Mail #: 7016 1970 0000 0900 3313
466
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 467 of 798

The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the
potential consequences of not doing so.

Date: 2/3/17
CLERK OF COURT

____________________________ OR /s/ Henrik Mosesi,
Esq.
Signature of Clerk or Deputy Clerk Henrik Mosesi, Esq.

The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues
or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly
Hills, CA 90210 – Telephone: (310) 734-4269- E-mail: henry@mosesi.com

Notice to the person who issues or requests this subpoena
If this subpoena commands the production of documents, electronically stored information,
or tangible things or the inspection of premises before trial, a notice and a copy of the
subpoena must be served on each party in this case before it is served on the person to
whom it is directed. Fed. R. Civ. P. 45(a)(4).

Certified Mail #: 7016 1970 0000 0900 3313
467
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 468 of 798

AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)

Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. testing, or sampling any or all of the materials or to
inspecting the premises—or to producing
(1) For a Trial, Hearing, or Deposition. A subpoena electronically stored information in the form or
may command a person to attend a trial, hearing, or forms requested. The objection must be served
deposition only as follows: before the earlier of the time specified for
(A) within 100 miles of where the person resides, compliance or 14 days after the subpoena is served.
is employed, or regularly transacts business in If an objection is made, the following rules apply:
person; or (i) At any time, on notice to the commanded
(B) within the state where the person resides, is person, the serving party may move the court for the
employed, or regularly transacts business in person, district where compliance is required for an order
if the person compelling production or inspection.
(i) Is a person's party's officer; or (ii) These acts may be required only as directed
(ii) Is commanded to attend a trial and would in the order, and the order must protect a person who
incur substantial expense. is neither a party nor a party’s officer from
significant expense resulting from compliance.
(2) For Other Discovery: A subpoena may
command: (3) Quashing or Modifying a Subpoena.

(A) production of documents, electronically (A) When Required. On timely motion, the court for
stored information, or tangible things at a place the district where compliance is required must quash
within 100 miles of where the person resides, is or modify a subpoena that:
employed, or regularly transacts business in person;
and (i) fails to allow a reasonable time to comply;
(B) inspection of premises at the premises to be (ii) requires a person to comply beyond the
inspected. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(d) Protecting a Person Subject to a Subpoena; protected matter, if no exception or waiver applies;
Enforcement. or
(iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense;
Sanctions. A party or attorney responsible for (B) When Permitted. To protect a person subject to
issuing and serving a subpoena must take reasonable or affected by a subpoena, the court for the district
steps to avoid imposing undue burden or expense on where compliance is required may, on motion, quash
a person subject to the subpoena. The court for the or modify the subpoena if it requires:
district where compliance is required must enforce (i) disclosing a trade secret or other confidential
this duty and impose an appropriate sanction— research, development, or commercial information;
which may include lost earnings and reasonable or
attorney’s fees—on a party or attorney who fails to (ii) disclosing an unretained expert’s opinion or
comply. information that does not describe specific
occurrences in dispute and results from the expert’s
(2) Command to Produce Materials or Permit study that was not requested by a party.
Inspection. (C) Specifying Conditions as an Alternative. In the
circumstances described in Rule 45(d)(3)(B), the
(A) Appearance Not Required. A person court may, instead of quashing or modifying a
commanded to produce documents, electronically subpoena, order appearance or production under
stored information, or tangible things, or to permit specified conditions if the serving party:
the inspection of premises, need not appear in person (i) shows a substantial need for the testimony or
at the place of production or inspection unless also material that cannot be otherwise met without undue
commanded to appear for a deposition, hearing, or hardship; and
trial. (ii) ensures that the subpoenaed person will be
(B) Objections. A person commanded to produce reasonably compensated.
documents or tangible things or to permit inspection
may serve on the party or attorney designated in the
subpoena a written objection to inspecting, copying, (e) Duties in Responding to a Subpoena.

Certified Mail #: 7016 1970 0000 0900 3313
468
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 469 of 798

(1) Producing Documents or Electronically Stored (2) Claiming Privilege or Protection.
Information. These procedures apply to producing
documents or electronically stored information: (A) Information Withheld. A person withholding
subpoenaed information under a claim that it is
(A) Documents. A person responding to a privileged or subject to protection as trial-
subpoena to produce documents must produce them preparation material must:
as they are kept in the ordinary course of business or (i) expressly make the claim; and
must organize and label them to correspond to the (ii) describe the nature of the withheld
categories in the demand. documents, communications, or tangible things in a
manner that, without revealing information itself
(B) Form for Producing Electronically Stored privileged or protected, will enable the parties to
Information Not Specified. If a subpoena does not assess the claim.
specify a form for producing electronically stored (B) Information Produced. If information
information, the person responding must produce it produced in response to a subpoena is subject to a
in a form or forms in which it is ordinarily claim of privilege or of protection as trial-
maintained or in a reasonably usable form or forms. preparation material, the person making the claim
may notify any party that received the information
(C) Electronically Stored Information Produced of the claim and the basis for it. After being notified,
in Only One Form. The person responding need not a party must promptly return, sequester, or destroy
produce the same electronically stored information the specified information and any copies it has; must
in more than one form. not use or disclose the information until the claim is
resolved; must take reasonable steps to retrieve the
(D) Inaccessible Electronically Stored information if the party disclosed it before being
Information. The person responding need not notified; and may promptly present the information
provide discovery of electronically stored under seal to the court for the district where
information from sources that the person identifies compliance is required for a determination of the
as not reasonably accessible because of undue claim. The person who produced the information
burden or cost. On motion to compel discovery or must preserve the information until the claim is
for a protective order, the person responding must resolved.
show that the information is not reasonably
accessible because of undue burden or cost. If that (g) Contempt.
showing is made, the court may nonetheless order
discovery from such sources if the requesting party The court for the district where compliance is
shows good cause, considering the limitations of required—and also, after a motion is transferred, the
Rule issuing court—may hold in contempt a person who,
26(b)(2)(C). The court may specify conditions for having been served, fails without adequate excuse to
the discovery. obey the subpoena or an order related to it.

Certified Mail #: 7016 1970 0000 0900 3313
469
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 470 of 798
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 471 of 798
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 472 of 798
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 473 of 798

Case Number: 3:16-cv-6242-WHA

Maxmind Geolocation Trace City: San Jose, CA

ISP Response Trace City: San Jose, CA

Correct District: Yes

Date Filed: October 28, 2016

Voluntary Dismissal: On April 14, 2017 Plaintiff filed its voluntary dismissal because its
investigation determined that the subscriber was an elderly man living with several
family members. Plaintiff was unable to determine which family member was
responsible based upon its initial investigation so decided not to pursue its case.

473
Case
Case
3:16-cv-05975-WHA
3:16-cv-06242-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/01/17 Page
Page474
1 ofof3798

1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-06242 WHA
11
United States District Court

Plaintiff,
12
For the Northern District of California

v. ORDER GRANTING EX PARTE
13 MOTION FOR LEAVE TO SERVE
JOHN DOE subscriber assigned IP THIRD-PARTY SUBPOENA PRIOR
14 address 50.174.248.138, TO RULE 26(f) CONFERENCE

15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various

18 pornographic films and that John Doe defendant directly infringed those copyrights by

19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now

20 seeks leave to serve a subpoena on third-party Comcast Cable Communications, LLC, in order

21 to ascertain the identity of the subscriber using that IP address prior to a Rule 26(f) conference.

22 Malibu Media’s motion is hereby GRANTED. This is without prejudice to any motions

23 to quash or modify the subpoena that may be filed by any interested party, including Comcast or

24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:

25 • The subpoena shall only request the actual name and address of the
subscriber to whom Comcast assigned the above-captioned IP address.
26 • The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
• Malibu Media shall attach a copy of this order to the subpoena.

474
Case
Case
3:16-cv-05975-WHA
3:16-cv-06242-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/01/17 Page
Page475
2 ofof3798

1 • Malibu Media may not use any information disclosed by Comcast for any
purpose other than protecting its rights as set forth in the complaint.
2
• Comcast shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on Comcast.
4
• The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on Comcast. Comcast shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform Comcast if any such motion is filed.
8 • Malibu Media shall not disclose defendant’s name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendant’s IP address, that it may subsequently
learn. All documents including defendant’s identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court

challenge the disclosure of any identifying information. Malibu Media
12 explicitly consented to the inclusion of such a protection in its motion.
For the Northern District of California

13 • Unless otherwise provided, both sides may file under seal any of
defendant’s identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
• Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides Comcast in this matter.
17 • Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendant’s identifying information from Comcast (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendant’s identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendant’s identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 • If Malibu Media learns, whether through subpoena response or other
communication, that defendant’s IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.

26
27
28

2
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1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court

12
For the Northern District of California

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3
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AO 88B (Rev.02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action

UNITED STATES DISTRICT COURT
for the Northern District of California

MALIBU MEDIA, LLC Civil Action No: 3:16-cv-06242-WHA
Plaintiff

v.

John Doe subscriber assigned to IP address
50.174.248.138,

Defendant.

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO
PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION

To: Comcast Corporation
c/o CT Corporation System
818 West Seventh Street, Ste 930
Los Angeles, CA. 90017

[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below
the following documents, electronically stored information, or objects, and permit their inspection,
copying, testing, or sampling of the material:

Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:

IP Address Date/Time
UTC
50.174.248.138 07/04/2016
17:19:05

Place: Henrik Mosesi, Esq. Date and Time:
433 N. Camden Drive., 6th Floor March 27, 2017 @ 9:30 a.m.
Beverly Hills, 90210
Telephone: (310) 734-4269

[ ] Inspection of Premises: YOU ARE 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
the property or any designated object or operation on it.

Place: Date and Time:

Certified Mail #: 7016 1970 0000 0900 3313
477
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 478 of 798

The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the
potential consequences of not doing so.

Date: 2/3/17
CLERK OF COURT

____________________________ OR /s/ Henrik Mosesi,
Esq.
Signature of Clerk or Deputy Clerk Henrik Mosesi, Esq.

The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues
or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly
Hills, CA 90210 – Telephone: (310) 734-4269- E-mail: henry@mosesi.com

Notice to the person who issues or requests this subpoena
If this subpoena commands the production of documents, electronically stored information,
or tangible things or the inspection of premises before trial, a notice and a copy of the
subpoena must be served on each party in this case before it is served on the person to
whom it is directed. Fed. R. Civ. P. 45(a)(4).

Certified Mail #: 7016 1970 0000 0900 3313
478
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 479 of 798

AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)

Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. testing, or sampling any or all of the materials or to
inspecting the premises—or to producing
(1) For a Trial, Hearing, or Deposition. A subpoena electronically stored information in the form or
may command a person to attend a trial, hearing, or forms requested. The objection must be served
deposition only as follows: before the earlier of the time specified for
(A) within 100 miles of where the person resides, compliance or 14 days after the subpoena is served.
is employed, or regularly transacts business in If an objection is made, the following rules apply:
person; or (i) At any time, on notice to the commanded
(B) within the state where the person resides, is person, the serving party may move the court for the
employed, or regularly transacts business in person, district where compliance is required for an order
if the person compelling production or inspection.
(i) Is a person's party's officer; or (ii) These acts may be required only as directed
(ii) Is commanded to attend a trial and would in the order, and the order must protect a person who
incur substantial expense. is neither a party nor a party’s officer from
significant expense resulting from compliance.
(2) For Other Discovery: A subpoena may
command: (3) Quashing or Modifying a Subpoena.

(A) production of documents, electronically (A) When Required. On timely motion, the court for
stored information, or tangible things at a place the district where compliance is required must quash
within 100 miles of where the person resides, is or modify a subpoena that:
employed, or regularly transacts business in person;
and (i) fails to allow a reasonable time to comply;
(B) inspection of premises at the premises to be (ii) requires a person to comply beyond the
inspected. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(d) Protecting a Person Subject to a Subpoena; protected matter, if no exception or waiver applies;
Enforcement. or
(iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense;
Sanctions. A party or attorney responsible for (B) When Permitted. To protect a person subject to
issuing and serving a subpoena must take reasonable or affected by a subpoena, the court for the district
steps to avoid imposing undue burden or expense on where compliance is required may, on motion, quash
a person subject to the subpoena. The court for the or modify the subpoena if it requires:
district where compliance is required must enforce (i) disclosing a trade secret or other confidential
this duty and impose an appropriate sanction— research, development, or commercial information;
which may include lost earnings and reasonable or
attorney’s fees—on a party or attorney who fails to (ii) disclosing an unretained expert’s opinion or
comply. information that does not describe specific
occurrences in dispute and results from the expert’s
(2) Command to Produce Materials or Permit study that was not requested by a party.
Inspection. (C) Specifying Conditions as an Alternative. In the
circumstances described in Rule 45(d)(3)(B), the
(A) Appearance Not Required. A person court may, instead of quashing or modifying a
commanded to produce documents, electronically subpoena, order appearance or production under
stored information, or tangible things, or to permit specified conditions if the serving party:
the inspection of premises, need not appear in person (i) shows a substantial need for the testimony or
at the place of production or inspection unless also material that cannot be otherwise met without undue
commanded to appear for a deposition, hearing, or hardship; and
trial. (ii) ensures that the subpoenaed person will be
(B) Objections. A person commanded to produce reasonably compensated.
documents or tangible things or to permit inspection
may serve on the party or attorney designated in the
subpoena a written objection to inspecting, copying, (e) Duties in Responding to a Subpoena.

Certified Mail #: 7016 1970 0000 0900 3313
479
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 480 of 798

(1) Producing Documents or Electronically Stored (2) Claiming Privilege or Protection.
Information. These procedures apply to producing
documents or electronically stored information: (A) Information Withheld. A person withholding
subpoenaed information under a claim that it is
(A) Documents. A person responding to a privileged or subject to protection as trial-
subpoena to produce documents must produce them preparation material must:
as they are kept in the ordinary course of business or (i) expressly make the claim; and
must organize and label them to correspond to the (ii) describe the nature of the withheld
categories in the demand. documents, communications, or tangible things in a
manner that, without revealing information itself
(B) Form for Producing Electronically Stored privileged or protected, will enable the parties to
Information Not Specified. If a subpoena does not assess the claim.
specify a form for producing electronically stored (B) Information Produced. If information
information, the person responding must produce it produced in response to a subpoena is subject to a
in a form or forms in which it is ordinarily claim of privilege or of protection as trial-
maintained or in a reasonably usable form or forms. preparation material, the person making the claim
may notify any party that received the information
(C) Electronically Stored Information Produced of the claim and the basis for it. After being notified,
in Only One Form. The person responding need not a party must promptly return, sequester, or destroy
produce the same electronically stored information the specified information and any copies it has; must
in more than one form. not use or disclose the information until the claim is
resolved; must take reasonable steps to retrieve the
(D) Inaccessible Electronically Stored information if the party disclosed it before being
Information. The person responding need not notified; and may promptly present the information
provide discovery of electronically stored under seal to the court for the district where
information from sources that the person identifies compliance is required for a determination of the
as not reasonably accessible because of undue claim. The person who produced the information
burden or cost. On motion to compel discovery or must preserve the information until the claim is
for a protective order, the person responding must resolved.
show that the information is not reasonably
accessible because of undue burden or cost. If that (g) Contempt.
showing is made, the court may nonetheless order
discovery from such sources if the requesting party The court for the district where compliance is
shows good cause, considering the limitations of required—and also, after a motion is transferred, the
Rule issuing court—may hold in contempt a person who,
26(b)(2)(C). The court may specify conditions for having been served, fails without adequate excuse to
the discovery. obey the subpoena or an order related to it.

Certified Mail #: 7016 1970 0000 0900 3313
480
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Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 484 of 798

Case Number: 3:16-cv-5826-WHA

Maxmind Geolocation Trace City: Palo Alto, CA

ISP Response Trace City: N/A

Correct District: N/A

Date Filed: October 9, 2016

Voluntary Dismissal: Plaintiff filed a voluntary dismissal because Comcast could not
identify the subscriber.

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1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-05826 WHA
11
United States District Court

Plaintiff,
12
For the Northern District of California

v. ORDER GRANTING EX PARTE
13 MOTION FOR LEAVE TO SERVE
JOHN DOE subscriber assigned IP THIRD-PARTY SUBPOENA PRIOR
14 address 50.184.242.50, TO RULE 26(f) CONFERENCE

15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various

18 pornographic films and that John Doe defendant directly infringed those copyrights by

19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now

20 seeks leave to serve a subpoena on third-party Comcast Cable Communications, LLC, in order

21 to ascertain the identity of the subscriber using that IP address prior to a Rule 26(f) conference.

22 Malibu Media’s motion is hereby GRANTED. This is without prejudice to any motions

23 to quash or modify the subpoena that may be filed by any interested party, including Comcast or

24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:

25 • The subpoena shall only request the actual name and address of the
subscriber to whom Comcast assigned the above-captioned IP address.
26 • The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
• Malibu Media shall attach a copy of this order to the subpoena.

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1 • Malibu Media may not use any information disclosed by Comcast for any
purpose other than protecting its rights as set forth in the complaint.
2
• Comcast shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on Comcast.
4
• The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on Comcast. Comcast shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform Comcast if any such motion is filed.
8 • Malibu Media shall not disclose defendant’s name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendant’s IP address, that it may subsequently
learn. All documents including defendant’s identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court

challenge the disclosure of any identifying information. Malibu Media
12 explicitly consented to the inclusion of such a protection in its motion.
For the Northern District of California

13 • Unless otherwise provided, both sides may file under seal any of
defendant’s identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
• Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides Comcast in this matter.
17 • Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendant’s identifying information from Comcast (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit
20 of non-service (to be filed under seal, with defendant’s identifying
information redacted on the public docket). Malibu Media shall please
21 file a notice informing the Court of the date on which it received
defendant’s identifying information no later than FIVE CALENDAR DAYS
22 after receiving that information.
23 • If Malibu Media learns, whether through subpoena response or other
communication, that defendant’s IP address was assigned to a physical
24 address outside this district, it shall, within 21 CALENDAR DAYS from the
date on which it learned that information, dismiss the action or SHOW
25 CAUSE why it should not be dismissed.

26
27
28

2
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3:16-cv-05826-WHA
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Page487
3 ofof3798

1 Any motions relating to the subpoena or the protective order discussed above shall be
2 filed prior to the return date of the subpoena.
3
4 IT IS SO ORDERED.
5
6 Dated: February 1, 2017.
WILLIAM ALSUP
7 UNITED STATES DISTRICT JUDGE
8
9
10
11
United States District Court

12
For the Northern District of California

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3
487
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 488 of 798

AO 88B (Rev.02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action

UNITED STATES DISTRICT COURT
for the Northern District of California

MALIBU MEDIA, LLC Civil Action No: 3:16-cv-05826-WHA
Plaintiff

v.

John Doe subscriber assigned to IP address
50.184.242.50

Defendant.

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO
PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION

To: Comcast Corporation
c/o CT Corporation System
818 West Seventh Street, Ste 930
Los Angeles, CA. 90017

[X] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below
the following documents, electronically stored information, or objects, and permit their inspection,
copying, testing, or sampling of the material:

Please produce documents identifying the name AND address ONLY of the defendant
John Doe listed in the below chart:

IP Address Date/Time
UTC
50.184.242.50 05/24/2016
23:35:11

Place: Henrik Mosesi, Esq. Date and Time:
433 N. Camden Drive., 6th Floor March 27, 2017 @ 9:30 a.m.
Beverly Hills, 90210
Telephone: (310) 734-4269

[ ] Inspection of Premises: YOU ARE 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
the property or any designated object or operation on it.

Place: Date and Time:

Certified Mail #: 7016 1970 0000 0900 3313
488
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 489 of 798

The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the
place of compliance; Rule 45(d), relating to your protection as a person subject to a
subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the
potential consequences of not doing so.

Date: 2/3/17
CLERK OF COURT

____________________________ OR /s/ Henrik Mosesi,
Esq.
Signature of Clerk or Deputy Clerk Henrik Mosesi, Esq.

The name, address, e-mail, and telephone number of the attorney representing Plaintiff, who issues
or requests this subpoena, are: Henrik Mosesi, Esq., 433 N. Camden Drive., 6th Floor, Beverly
Hills, CA 90210 – Telephone: (310) 734-4269- E-mail: henry@mosesi.com

Notice to the person who issues or requests this subpoena
If this subpoena commands the production of documents, electronically stored information,
or tangible things or the inspection of premises before trial, a notice and a copy of the
subpoena must be served on each party in this case before it is served on the person to
whom it is directed. Fed. R. Civ. P. 45(a)(4).

Certified Mail #: 7016 1970 0000 0900 3313
489
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 490 of 798

AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
(page 3)

Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance. testing, or sampling any or all of the materials or to
inspecting the premises—or to producing
(1) For a Trial, Hearing, or Deposition. A subpoena electronically stored information in the form or
may command a person to attend a trial, hearing, or forms requested. The objection must be served
deposition only as follows: before the earlier of the time specified for
(A) within 100 miles of where the person resides, compliance or 14 days after the subpoena is served.
is employed, or regularly transacts business in If an objection is made, the following rules apply:
person; or (i) At any time, on notice to the commanded
(B) within the state where the person resides, is person, the serving party may move the court for the
employed, or regularly transacts business in person, district where compliance is required for an order
if the person compelling production or inspection.
(i) Is a person's party's officer; or (ii) These acts may be required only as directed
(ii) Is commanded to attend a trial and would in the order, and the order must protect a person who
incur substantial expense. is neither a party nor a party’s officer from
significant expense resulting from compliance.
(2) For Other Discovery: A subpoena may
command: (3) Quashing or Modifying a Subpoena.

(A) production of documents, electronically (A) When Required. On timely motion, the court for
stored information, or tangible things at a place the district where compliance is required must quash
within 100 miles of where the person resides, is or modify a subpoena that:
employed, or regularly transacts business in person;
and (i) fails to allow a reasonable time to comply;
(B) inspection of premises at the premises to be (ii) requires a person to comply beyond the
inspected. geographical limits specified in Rule 45 ( c );
(iii) requires disclosure of privileged or other
(d) Protecting a Person Subject to a Subpoena; protected matter, if no exception or waiver applies;
Enforcement. or
(iv) subjects a person to undue burden.
(1) Avoiding Undue Burden or Expense;
Sanctions. A party or attorney responsible for (B) When Permitted. To protect a person subject to
issuing and serving a subpoena must take reasonable or affected by a subpoena, the court for the district
steps to avoid imposing undue burden or expense on where compliance is required may, on motion, quash
a person subject to the subpoena. The court for the or modify the subpoena if it requires:
district where compliance is required must enforce (i) disclosing a trade secret or other confidential
this duty and impose an appropriate sanction— research, development, or commercial information;
which may include lost earnings and reasonable or
attorney’s fees—on a party or attorney who fails to (ii) disclosing an unretained expert’s opinion or
comply. information that does not describe specific
occurrences in dispute and results from the expert’s
(2) Command to Produce Materials or Permit study that was not requested by a party.
Inspection. (C) Specifying Conditions as an Alternative. In the
circumstances described in Rule 45(d)(3)(B), the
(A) Appearance Not Required. A person court may, instead of quashing or modifying a
commanded to produce documents, electronically subpoena, order appearance or production under
stored information, or tangible things, or to permit specified conditions if the serving party:
the inspection of premises, need not appear in person (i) shows a substantial need for the testimony or
at the place of production or inspection unless also material that cannot be otherwise met without undue
commanded to appear for a deposition, hearing, or hardship; and
trial. (ii) ensures that the subpoenaed person will be
(B) Objections. A person commanded to produce reasonably compensated.
documents or tangible things or to permit inspection
may serve on the party or attorney designated in the
subpoena a written objection to inspecting, copying, (e) Duties in Responding to a Subpoena.

Certified Mail #: 7016 1970 0000 0900 3313
490
Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 491 of 798

(1) Producing Documents or Electronically Stored (2) Claiming Privilege or Protection.
Information. These procedures apply to producing
documents or electronically stored information: (A) Information Withheld. A person withholding
subpoenaed information under a claim that it is
(A) Documents. A person responding to a privileged or subject to protection as trial-
subpoena to produce documents must produce them preparation material must:
as they are kept in the ordinary course of business or (i) expressly make the claim; and
must organize and label them to correspond to the (ii) describe the nature of the withheld
categories in the demand. documents, communications, or tangible things in a
manner that, without revealing information itself
(B) Form for Producing Electronically Stored privileged or protected, will enable the parties to
Information Not Specified. If a subpoena does not assess the claim.
specify a form for producing electronically stored (B) Information Produced. If information
information, the person responding must produce it produced in response to a subpoena is subject to a
in a form or forms in which it is ordinarily claim of privilege or of protection as trial-
maintained or in a reasonably usable form or forms. preparation material, the person making the claim
may notify any party that received the information
(C) Electronically Stored Information Produced of the claim and the basis for it. After being notified,
in Only One Form. The person responding need not a party must promptly return, sequester, or destroy
produce the same electronically stored information the specified information and any copies it has; must
in more than one form. not use or disclose the information until the claim is
resolved; must take reasonable steps to retrieve the
(D) Inaccessible Electronically Stored information if the party disclosed it before being
Information. The person responding need not notified; and may promptly present the information
provide discovery of electronically stored under seal to the court for the district where
information from sources that the person identifies compliance is required for a determination of the
as not reasonably accessible because of undue claim. The person who produced the information
burden or cost. On motion to compel discovery or must preserve the information until the claim is
for a protective order, the person responding must resolved.
show that the information is not reasonably
accessible because of undue burden or cost. If that (g) Contempt.
showing is made, the court may nonetheless order
discovery from such sources if the requesting party The court for the district where compliance is
shows good cause, considering the limitations of required—and also, after a motion is transferred, the
Rule issuing court—may hold in contempt a person who,
26(b)(2)(C). The court may specify conditions for having been served, fails without adequate excuse to
the discovery. obey the subpoena or an order related to it.

Certified Mail #: 7016 1970 0000 0900 3313
491
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Case 3:16-cv-05975-WHA Document 27-3 Filed 05/17/17 Page 495 of 798

Case Number: 3:16-cv-6245-WHA

Maxmind Geolocation Trace City: Novato, CA

ISP Response Trace City: Novato, CA

Correct District: Yes

Date Filed: October 28, 2016

Voluntary Dismissal: Plaintiff filed a voluntary dismissal because, after an investigation,
Plaintiff determined that the subscriber was a business entity, and Plaintiff was unable to
identify the individual at the business entity responsible for the infringement.

495
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1
2
3
4
5
6 IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10 MALIBU MEDIA, LLC, No. C 16-06245 WHA
11
United States District Court

Plaintiff,
12
For the Northern District of California

v. ORDER GRANTING EX PARTE
13 MOTION FOR LEAVE TO SERVE
JOHN DOE subscriber assigned IP THIRD-PARTY SUBPOENA PRIOR
14 address 50.193.16.126, TO RULE 26(f) CONFERENCE

15 Defendant.
/
16
17 Plaintiff, Malibu Media, LLC, alleges that it owns registered copyrights in various

18 pornographic films and that John Doe defendant directly infringed those copyrights by

19 distributing the films on the Internet using the above-captioned IP address. Malibu Media now

20 seeks leave to serve a subpoena on third-party Comcast Cable Communications, LLC, in order

21 to ascertain the identity of the subscriber using that IP address prior to a Rule 26(f) conference.

22 Malibu Media’s motion is hereby GRANTED. This is without prejudice to any motions

23 to quash or modify the subpoena that may be filed by any interested party, including Comcast or

24 the subscriber assigned to the IP address. Furthermore, the following limitations apply:

25 • The subpoena shall only request the actual name and address of the
subscriber to whom Comcast assigned the above-captioned IP address.
26 • The subpoena shall only seek the name and address of the subscriber for
27 the time frame from FOURTEEN DAYS BEFORE the date of the first alleged
infringing act to FOURTEEN DAYS AFTER the date of the last alleged
28 infringing act.
• Malibu Media shall attach a copy of this order to the subpoena.

496
Case
Case
3:16-cv-05975-WHA
3:16-cv-06245-WHA
Document
Document
27-312 Filed
Filed05/17/17
02/01/17 Page
Page497
2 ofof3798

1 • Malibu Media may not use any information disclosed by Comcast for any
purpose other than protecting its rights as set forth in the complaint.
2
• Comcast shall, in turn, serve a copy of the subpoena and a copy of this
3 order on the subscriber within TWENTY-FOUR DAYS of the date of service
on Comcast.
4
• The return date on the subpoena shall be no less than FORTY-FIVE DAYS
5 from the date of service on Comcast. Comcast shall not disclose any
identifying information about defendant to Malibu Media prior to the
6 return date or, if a motion to quash or modify the subpoena is filed, prior
to the resolution of any motions to quash or modify the subpoena.
7 Malibu Media must inform Comcast if any such motion is filed.
8 • Malibu Media shall not disclose defendant’s name, address, telephone
number, email, social media username, or any other identifying
9 information, other than defendant’s IP address, that it may subsequently
learn. All documents including defendant’s identifying information,
10 apart from his or her IP address, shall be filed under seal, with all such
information redacted on the public docket, unless and until the Court
11 orders otherwise and only after defendant has had an opportunity to
United States District Court

challenge the disclosure of any identifying information. Malibu Media
12 explicitly consented to the inclusion of such a protection in its motion.
For the Northern District of California

13 • Unless otherwise provided, both sides may file under seal any of
defendant’s identifying information pursuant to this order, without
14 seeking further leave to file under seal. A version with all identifying
information redacted shall be filed on the public docket.
15
• Malibu Media must seek leave to serve subpoenas on any other Internet
16 service provider besides Comcast in this matter.
17 • Malibu Media shall have THIRTY-FIVE DAYS from the date on which it
receives defendant’s identifying information from Comcast (or, if later,
18 until the deadline set by Rule 4(m)). Any requests to extend that deadline
shall be made immediately as circumstances justifying the extension
19 arise, rather than at the last minute. Malibu Media must support
any assertion that defendant is dodging service with an affidavit