[PROPOSED] ORDER Page 1 of 3 

Carl D. Crowell, OSB No. 982049 

email: crowell@kite.com 

Jonathan T. van Heel, OSB No. 095349 

email: jvh@kite.com 

CROWELL LAW

P.O. Box 923 

Salem, OR 97308 

(503) 581-1240 

Of attorneys for plaintiff 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

PORTLAND DIVISION 

VOLTAGE PICTURES, LLC, 

 Plaintiff, 

v. 

DOE, a/k/a IP 67.168.196.52 

 Defendant. 

 Case No.: 3:13-cv-00839-AA 

ORDER ON PLAINTIFF’S EX PARTE 

MOTION TO EXPEDITE DISCOVERY 

ORDER ON PLAINTIFF’S EX PARTE MOTION TO EXPEDITE DISCOVERY 

This matter came before the court upon plaintiff’s ex parte Motion to Expedite Discovery 

specifically related to plaintiff’s request to serve a Rule 45 subpoena on internet service provider 

(“ISP”) Comcast prior to a Rule 26(f) Conference. 

The court being duly advised does hereby FIND AND ORDER: 

1. Plaintiff has established “good cause” for it to serve a third party subpoena on 

Comcast for the internet protocol (“IP”) address listed in paragraph 14 of the complaint to 

identify and specifically name the Doe defendant. 

2. Plaintiff may serve Comcast with a Rule 45 subpoena commanding Comcast to 

provide plaintiff with all subscriber identifying information, which shall include the true name, 

Case 3:13-cv-00839-AA Document 8 Filed 06/25/13 Page 1 of 3 Page ID#: 45
[PROPOSED] ORDER Page 2 of 3 

address, telephone number, contact information and e-mail address of the Doe defendant set 

forth in paragraph 14 of the complaint. 

3. Subscriber identifying information to be provided to plaintiff as identified above 

shall not include photographs, emails, or the content of communications which may be subject to 

The Stored Communications Act, 18 U.S.C. § 2701, et seq., but shall be limited to subscriber 

identifying information that may assist plaintiff in identifying the Doe defendant. 

NOTICE TO CABLE OPERATORS

(Cable Communications Act of 1984) 

4. If an ISP subpoenaed qualifies as a “cable operator,” as defined by 47 U.S.C. § 

522(5), which states: the term “cable operator” means any person or group of persons (a) who 

provides cable service over a cable system and directly or through one or more affiliates owns a 

significant interest in such cable system, or (b) who otherwise controls or is responsible for, 

through any arrangement, the management and operation of such a cable system, such ISP is 

notified that 47 U.S.C. § 551(c)(2)(C) contains a requirement that a cable operator provide the 

subscriber the opportunity to prohibit or limit such disclosure. 

5. To satisfy that requirement, each ISP will have fourteen (14) days from the date 

of service upon it to serve the defendants with a copy of the subpoena and a copy of this Order. 

The ISP may serve the defendant by any reasonable means, including written notice sent to the 

identified subscriber’s last known address by first class mail or overnight delivery service. 

6. Defendant shall have thirty (30) days to file any motions in this court contesting 

the subpoena, including a motion to quash or modify the issued subpoena. 

7. If the defendant does not contest the subpoena within the thirty day period, the 

ISP shall have fourteen (14) days to submit information responsive to the subpoena to Voltage 

Pictures, LLC. 

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[PROPOSED] ORDER Page 3 of 3 

8. If the ISP wishes to challenge the subpoena, it must do so before the return date of 

the subpoena. The subpoena must allow for at least sixty (60) days from service to production. 

9. The subpoenaed entity shall preserve all subpoenaed information pending 

delivery of such information by the ISP to Voltage Pictures, LLC, or the final resolution of a 

timely filed and granted motion to quash the subpoena regarding that information. 

10. A copy of this Order must be served with all subpoenas. 

11. The ISP may invoice Voltage Pictures, LLC for reasonable costs incurred in 

responding to a subpoena issued pursuant to this Order, and Voltage Pictures, LLC is directed to 

pay all such reasonable costs. 

12. Information disclosed in response to a subpoena issued pursuant to this Order may 

only be used for protecting and enforcing Voltage Pictures, LLC’s rights as set forth in its 

complaint. 

ORDERED this ___ day of ________________, 2013. 

 

 By: ____________________________________ 

 UNITED STATES DISTRICT JUDGE 

Prepared by: 

Jonathan t. van Heel, OSB No. 095349 

email: jvh@kite.com 

Crowell Law 

P.O. Box 923 

Salem, OR 97308 

(503) 581-1240 

Of counsel for plaintiff 

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