Opinion
No. C 11-2766 MEJ Docket No. 22
11-07-2011
PATRICK COLLINS, INC., Plaintiff, v. DOES 1-2,590, Defendants.
ORDER RE MOTION TO QUASH
(DOE DEFENDANT NO. 2590)
On June 7, 2011, Plaintiff Patrick Collins, Inc. filed this lawsuit against 2,590 Doe Defendants, alleging that Defendants illegally reproduced and distributed a work subject to Plaintiff's exclusive license, ("Real Female Orgasms 10"), using an internet peer-to-peer file sharing network known as BitTorrent, thereby violating the Copyright Act, 17 U.S.C. § 101-1322. Compl. ¶¶ 6-15, Dkt. No. 1. On September 22, 2011, the Court granted Plaintiff's Application for Leave to Take Limited Expedited Discovery. Dkt. No. 12. The Court permitted Plaintiff to serve subpoenas on Does 1-2,590's Internet Service Providers ("ISPs") by serving a Federal Rule of Civil Procedure 45 subpoena that seeks information sufficient to identify the Doe Defendants, including the name, address, telephone number, and email address of Does 1-2,590. Id. at 11. Once the ISPs provided Does 1-2,590 with a copy of the subpoena, the Court permitted Does 1-2,590 30 days from the date of service to file any motions contesting the subpoena (including a motion to quash or modify the subpoena). Id.
Now before the Court is a Motion to Quash, filed by Doe Defendant No. 2590. Dkt. No. 22. The Court hereby ORDERS Plaintiff to either: (1) file a voluntary dismissal without prejudice of
Doe Defendant No. 2590; or (2) show cause why the Court should not grant Doe's motion to dismiss. Plaintiff shall file its response by November 17, 2011.
IT IS SO ORDERED.
Maria-Elena James
Chief United States Magistrate Judge