Case 7:18-mc-00268-NSR Document 1-1 Filed 06/15/18 Page 1 of 4

EXHIBIT “A”

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UNITED STATES DISTRICT COURTFOR THE SOUTHERN DISTRICT OF NEW YORKIn re: DMCA Section 512(h) Subpoena
To YouTube (Google, Inc.)CIVIL ACTION NO.

SUBPOENA TO PRODUCE DOCUMENTS OR INFORMATIONPURSUANT TO 17 U.S.C. § 512(h)To: Custodian of Records for: Google, Inc., 1600 Amphitheater Parkway, Mountain View, California 94043 by andthrough its registered agent Corporation Service Company, 2710 Gateway Oaks Drive, Suite 150N, Sacramento, CA95833
YOU ARE COMMANDED to produce at the time, date, and place set forth below the following documents, andelectronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the material:
All identifying information, including subscriber registration information, the name(s), address(es),telephone number(s), any electronic mail addresses associated with the infringing YouTube account “KevinMcFree”, and all logs of Internet Protocol addresses including time stamps used to access the subject
account or to upload videos available at the following URL :https://www.youtube.com/watch?v=LNdo_flz-7o
Place: Watch Tower Bible and Tract Society of Pennsylvania
Office of General Counsel
100 Watchtower Drive
Patterson, NY 12563

Date and Time: 07/15/2018 10:00 am

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

CLERK OF THE COURT

Date:
Signature of Clerk or Deputy Clerk

The name, address, e-mail address, and telephone number of the attorney representing, Watch Tower Bible and Tract
Society of Pennsylvania, who issues or requests this subpoena is Paul D. Polidoro, Associate General Counsel, WatchTower Bible Tract Society of Pennsylvania, Legal Department. 100 Watchtower Dr. Patterson, NY 12563,
ppolidor@jw.org, 845-306-1000.
Notice to the person who issues or requests this subpoena
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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Civil Action No.
PROOF OF SERVICE(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)
I received this subpoena for (name of individual and title, if any)on (date).
’ I served the subpoena by delivering a copy to the named person as follows:on (date); or’ I returned the subpoena unexecuted because:.
Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have alsotendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of$
My fees are $.
for travel and $for services, for a total of $I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc.:.

Case 7:18-mc-00268-NSR Document 1-1 Filed 06/15/18 Page 4 of 4Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)(c) Place of Compliance.
(1) For a Trial, Hearing, or Deposition. A subpoena may command aperson to attend a trial, hearing, or deposition only as follows:(A) within 100 miles of where the person resides, is employed, orregularly transacts business in person; or(B) within the state where the person resides, is employed, or regularlytransacts business in person, if the person(i) is a party or a party’s officer; or(ii) is commanded to attend a trial and would not incur substantialexpense.

(ii) disclosing an unretained expert’s opinion or information that does
not describe specific occurrences in dispute and results from the expert’s
study that was not requested by a party.
(C) Specifying Conditions as an Alternative. In the circumstances
described in Rule 45(d)(3)(B), the court may, instead of quashing or
modifying a subpoena, order appearance or production under specified
conditions if the serving party:(i) shows a substantial need for the testimony or material that cannot beotherwise met without undue hardship; and(ii) ensures that the subpoenaed person will be reasonably compensated.
(e) Duties in Responding to a Subpoena.

(2) For Other Discovery. A subpoena may command:(A) production of documents, electronically stored information, ortangible things at a place within 100 miles of where the person resides, isemployed, or regularly transacts business in person; and(B) inspection of premises at the premises to be inspected.
(d) Protecting a Person Subject to a Subpoena; Enforcement.
(1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney
responsible for issuing and serving a subpoena must take reasonable steps
to avoid imposing undue burden or expense on a person subject to thesubpoena. The court for the district where compliance is required must
enforce this duty and impose an appropriate sanction—which may include
lost earnings and reasonable attorney’s fees—on a party or attorney who
fails to comply.
(2) Command to Produce Materials or Permit Inspection.
(A) Appearance Not Required. A person commanded to produce
documents, electronically stored information, or tangible things, or topermit the inspection of premises, need not appear in person at the place ofproduction or inspection unless also commanded to appear for a deposition,hearing, or trial.
(B) Objections. A person commanded to produce documents or tangible
things or to permit inspection may serve on the party or attorney designatedin the subpoena a written objection to inspecting, copying, testing, orsampling any or all of the materials or to inspecting the premises—or toproducing electronically stored information in the form or forms requested.
The objection must be served before the earlier of the time specified forcompliance or 14 days after the subpoena is served. If an objection is made,the following rules apply:(i) At any time, on notice to the commanded person, the serving party
may move the court for the district where compliance is required for anorder compelling production or inspection.
(ii) These acts may be required only as directed in the order, and theorder must protect a person who is neither a party nor a party’s officer fromsignificant expense resulting from compliance.
(3) Quashing or Modifying a Subpoena.
(A) When Required. On timely motion, the court for the district wherecompliance is required must quash or modify a subpoena that:(i) fails to allow a reasonable time to comply;(ii) requires a person to comply beyond the geographical limits
specified in Rule 45(c);(iii) requires disclosure of privileged or other protected matter, if noexception or waiver applies; or(iv) subjects a person to undue burden.
(B) When Permitted. To protect a person subject to or affected by a
subpoena, the court for the district where compliance is required may, onmotion, quash or modify the subpoena if it requires:(i) disclosing a trade secret or other confidential research,development, or commercial information; or(1) Producing Documents or Electronically Stored Information. These
procedures apply to producing documents or electronically stored
information:(A) Documents. A person responding to a subpoena to produce documents
must produce them as they are kept in the ordinary course of business ormust organize and label them to correspond to the categories in the demand.
(B) Form for Producing Electronically Stored 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 inwhich 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 informationfrom sources that the person identifies as not reasonably accessible becauseof undue burden or cost. On motion to compel discovery or for a protective
order, the person responding must show that the information is notreasonably accessible because of undue burden or cost. If that showing ismade, the court may nonetheless order discovery from such sources if therequesting party shows good cause, considering the limitations of Rule26(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-preparationmaterial must:(i) expressly make the claim; and(ii) describe the nature of the withheld documents, communications, ortangible 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 astrial-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 theinformation if the party disclosed it before being notified; and may promptly
present the information under seal to the court for the district wherecompliance is required for a determination of the claim. The person who
produced the information must preserve the information until the claim isresolved.
(g) Contempt.
The court for the district where compliance is required—and also, after amotion is transferred, the issuing court—may hold in contempt a person
who, having been served, fails without adequate excuse to obey thesubpoena or an order related to it.

For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013).