MOTION – APPROVE CONSENT JUDGMENT Page 1 of 3

Carl D. Crowell, OSB No. 982049

email: carl@crowell-law.com

Drew P. Taylor, OSB No. 135974

email: drew@crowell-law.com

CROWELL LAW

P.O. Box 923

Salem, OR 97308

(503) 581-1240

Of attorneys for plaintiff

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

COBBLER NEVADA, LLC,

Plaintiff,

v.

ANONYMOUS USERS OF POPCORN 

TIME: DOES 1 - 11,

Defendants.

 Case No.: 3:15-cv-01550-ST

JOINT MOTION TO APPROVE 

AND ENTER STIPULATED 

CONSENT JUDGMENT, Dkt. 28

Doe #05: IP: 71.59.218.131

UNOPPOSED

MOTION

Plaintiff and Doe No. 05, assigned IP address 71.59.218.131 (“Doe #05”) in this matter 

have reached a settlement of all claims between them. To fully effect the terms of the agreed 

settlement, the parties jointly move the court for the entry of the filed proposed Stipulated 

Consent Judgment, Docket No. 28.

Defendant further moves for leave to proceed anonymously, with the identity of the 

defendant being filed separately under seal, as discussed below.

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MOTION – APPROVE CONSENT JUDGMENT Page 2 of 3

CONSENT TO MAGISTRATE

Plaintiff and Doe No. 05 / IP address 71.59.218.131 expressly consent to have a United 

States Magistrate Judge conduct any and all proceedings in this case, including entry of orders, 

including the requested consent judgment or any other final judgment or orders arising 

therefrom.

BRIEF MEMORANDUM ON THE IDENTITY OF DEFENDANT

The defendant identified herein as Doe No. 05 / IP address 71.59.218.131 has been 

personally identified to plaintiff. Defendant, appearing through counsel wishes to remain 

anonymous and has requested leave to proceed anonymously. Plaintiff does not oppose this 

request. 

In this case the defendant and subscriber have voluntarily cooperated in plaintiff’s 

investigation. While the parties admit a consent judgment is proper, it is no longer necessary to 

further involve the court to ascertain the identity of the proper defendant. The parties submit that 

the action and claims between them may be fully resolved and managed with the proposed 

Stipulated Consent Judgment without the need to publicly identify the defendant or to needlessly 

subject the defendant to secondary considerations associated with being named publicly. 

To the extent there may be any public need, the identity of the Doe 09 being filed under 

seal, may be revealed by order of the court on a showing of cause should there be any legitimate 

need for such, or as plaintiff may require to enforce the relief obtained. But absent a showing of 

cause the defendant requests and the plaintiff does not object to preserving the anonymity of the 

defendant.

Wherefore the parties request the proposed Stipulated Consent Judgment (Dkt. 28) be 

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accepted and entered by this Court, or considered in light of further oral argument as the Court 

may deem proper.

Respectfully and jointly submitted this day, October 27, 2015.

On Behalf of Defendant Doe #05:

/s/ Benjamin R. Justus_______ 

Benjamin R. Justus (WSBA # 38855)

Lybeck Pedreira & Justus, PLLC 

Fifth Floor – Chase Bank Building

7900 SE 28th Street

Mercer Island, WA 98040

(206) 230-4255 /phone

(206) 230-7791 /fax

On Behalf of Plaintiff:

/s/ Carl D. Crowell

Carl D. Crowell, OSB # 982049

email: carl@crowell-law.com

Crowell Law

P.O. Box 923

Salem, OR 97308-0923

Phone: 503-581-1240

Of counsel for plaintiff

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