2d STATUS REPORT STATUS REPORT Page 1 of 3

Carl D. Crowell, OSB No. 982049

email: carl@crowell-law.com

Drew P. Taylor, OSB 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

DALLAS BUYERS CLUB, LLC,

Plaintiff,

v.

ANONYMOUS USERS OF 

POPCORN TIME, et al.,

Defendants.

 Case No.: 3:15-cv-01779-AC

SECOND STATUS REPORT

Pursuant to the order Nov. 4, 2015, (Dkt. 9) plaintiff submits this second status report to 

apprise the court of the status of this action. 

Plaintiff filed its initial complaint against ten (10) joined doe defendants on September 

20, 2015. Leave for discovery was granted on September 22 together with direction to file a first 

amended complaint. Dkt. 6. A first amended complaint (Dkt. 7) was then promptly filed and a 

subpoena issued to ISP Comcast for the identity of the subscribers assigned the IP addresses used 

by the defendants. Comcast requested an extension of time to respond, which plaintiff allowed. 

In this case of the initial eleven (10) Doe defendants, ISP Comcast was able to identify 

nine (9) individuals with sufficient specificity to permit further investigation. Without sufficient 

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2d STATUS REPORT STATUS REPORT Page 2 of 3

specificity to proceed, plaintiff dismissed Does No. 5. Of the remaining nine (9) defendants 

plaintiff has successfully identified and resolved its claims against Does No. 3 and 9 without the 

need for compelled discovery. Doe No. 7 has been identified however the parties have been 

unable to reach any terms for settlement. 

Six (6) of the subscribers have refused to respond to plaintiff’s letters and plaintiff is 

without means to obtain voluntary cooperation with its investigation to identify whom may have 

used their Internet Service to infringe plaintiff’s rights. Independent investigations of the 

identified the subscribers does not permit plaintiff to identify a specific party that is likely to be 

the infringer. 

On December 7, 2015, plaintiff moved for leave to subpoena the remaining subscribers to 

continue plaintiff’s investigation. On December 8, plaintiff was granted leave to issue FRCP 45 

subpoenas to subscriber non-parties identified as responsible for the respective IP addresses used 

by Doe defendants 1,2,4,6,8 and 10.

Further Information:

Doe #01: Plaintiff has been contacted by the subscriber associated with Doe 1, who 

claims to have several roommates and has agreed to ask among his roommates to see if his FRCP 

45 deposition may be avoided, though the roommates have not yet been identified. 

Doe #02: The initial letters to the subscriber for Doe 2 have been returned and a new 

address has been ascertained. Letters are again being dispatched to Doe 2 in an attempt to confer 

before service with a subpoena. 

Doe Nos. 04, 06, 08: FRCP 45 subpoenas have not yet been served on the subscribers 

associated with Does Nos. 4, 6 and 8. With the holiday schedule such service is not expected 

until after December 28.

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2d STATUS REPORT STATUS REPORT Page 3 of 3

Doe #10: Plaintiff has been contacted by an attorney who claims to be the wife of the 

subscriber associated with Doe #10, and states they will be obtaining additional counsel to 

schedule their FRCP 45 deposition. They have requested a deposition date for January 2016 to 

be determined on engagement of additional counsel.

Other than as outlined above, plaintiff’s counsel does not have any record of any other 

subscriber or defendant affiliated with this case contacting plaintiff’s counsel, though it is 

possible other parties who refused to identify themselves have made contact.

Plaintiff intends to file a third report on the conclusion of the FRCP 45 depositions, on or 

about January 20 as nay be needed to address the current case schedule deadlines, and will at that 

time further apprise the court and request any needed extensions to the current case schedule.

DATED: December 21, 2015.

Respectfully submitted,

CROWELL LAW

/s/ Carl D. Crowell

Carl D. Crowell, OSB No. 982049

carl@crowell-law.com

Drew P. Taylor, OSB No. 135974

drew@crowell-law.com

503-581-1240

Of attorneys for the plaintiff

Case 3:15-cv-01779-AC Document 22 Filed 12/21/15 Page 3 of 3