Opinion
No. C-07-06034 RMW.
March 19, 2008
ORDER GRANTING EX PARTE APPLICATION FOR LEAVE TO TAKE IMMEDIATE DISCOVERY [Re Docket No. 2]
Plaintiffs are granted leave to serve immediately a Rule 45 subpoena on the University of California, Berkeley that seeks information sufficient to identify Defendant John Doe, including the name, current and permanent address and telephone number, e-mail address, and Media Access Control address. Plaintiffs must serve a copy of this order on the University of California, Berkeley when they serve the subpoena.
The disclosure of this information is ordered pursuant to 20 U.S.C. § 1232g(b)(2)(B). Any information disclosed to plaintiffs in response to the Rule 45 subpoena may be used by plaintiffs solely for the purpose of protecting plaintiffs' rights under the Copyright Act.
If and when the University of California, Berkeley is served with a subpoena, it shall, within five business days, give written notice to the subscribers whose identities are to be disclosed in response to the subpoena. Such written notice may be achieved by messages sent by electronic email. If the University of California, Berkeley or any defendant wishes to move to quash the subpoena, that party shall do so before the return date.