Filed: Feb. 22, 2013
Latest Update: Feb. 22, 2013
Summary: STATUS REPORT MARIA-ELENA JAMES, District Judge. Plaintiff provides this Status Report at the direction of the Court. Plaintiff requested leave to take early discovery in order to identify the Internet subscribers whose accounts the Doe Defendants in these matters used to access the Internet and engage in the alleged infringing activity. Dkt. No. 6. The Court granted Plaintiff's request (Dkt. No. 10), and Plaintiff subpoenaed a number of Internet Service providers (ISPs). Because there was n
Summary: STATUS REPORT MARIA-ELENA JAMES, District Judge. Plaintiff provides this Status Report at the direction of the Court. Plaintiff requested leave to take early discovery in order to identify the Internet subscribers whose accounts the Doe Defendants in these matters used to access the Internet and engage in the alleged infringing activity. Dkt. No. 6. The Court granted Plaintiff's request (Dkt. No. 10), and Plaintiff subpoenaed a number of Internet Service providers (ISPs). Because there was no..
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STATUS REPORT
MARIA-ELENA JAMES, District Judge.
Plaintiff provides this Status Report at the direction of the Court.
Plaintiff requested leave to take early discovery in order to identify the Internet subscribers whose accounts the Doe Defendants in these matters used to access the Internet and engage in the alleged infringing activity. Dkt. No. 6. The Court granted Plaintiff's request (Dkt. No. 10), and Plaintiff subpoenaed a number of Internet Service providers (ISPs).
Because there was no indication that any Defendants had been served, the Court vacated the Case Management Conference scheduled for February 14, 2013 and directed Plaintiff to file a status report by February 21, 2013. Dkt. No. 11.
REPORT
Plaintiff served third party subpoenas on the following ISPs on or around January 8, 2013:
Astound Broadband
Charter Communications
Covad Communications
Curtel
DataFrame Logistics
Digital Path
DSL Extreme
Ericson Network Systems
Extel Wireless
Frontier Communications
ICO Networks/Got Net
Internet Express
Level 3 Communications
Mpower
Nobis
OC3 Networks/Web Solutions
Reliable Hosting
SBC Internet Services
South Valley Internet
Sprint PCS
SureWest Broadband
Unwired
Verizon Internet Services
Wave Broadband
Wayport
WebNX
XO Communications and
Ygnition Networks
In order to give the ISPs the opportunity to comply with the Court's directions in the Order allowing allowing ISPs 20 days to notify subscribers, 30 days for the subscribers to file objections, and 14 days for the ISPs to produce responsive information, Plaintiff set March 18, 2012 as the date for production. Plaintiff's counsel notes that in his experience, ISPs often take even longer to respond.
Once Plaintiff receives the information, Counsel will send a letter in an attempt to further investigate or settle claims. Generally, counsel follows up with two additional letters, generally about two weeks apart. At that time, Plaintiff will seek to amend the Complaint to name individual defendants. Although this is a long process, it gives potential defendants the maximum opportunity to resolve claims whether by settlement or through additional investigation that in some cases leads to voluntary dismissals.
Plaintiff therefore respectfully requests that the next case management conference be set for sometime after May 15, 2013.
