Early Conference/Discovery Plan – Page 6

Liberty Media Holdings, LLC. v. Does 1-59, 2011 WL 292128 (S.D. Cal. Jan. 25, 2011)

Dec 01 2011

Key Insight: Plaintiff?s motion for leave to take immediate discovery to obtain information sufficient to identify Does 1-59 (by serving subpoenas upon their internet service providers and cable providers) was granted where plaintiff identified the missing parties with sufficient specificity to allow the court to determine that the parties could be sued in federal court, where there were no other means by which plaintiff could obtain the information sought, and where plaintiff?s action could withstand a motion to dismiss

Nature of Case: Unlawful access to stored communications and copyright infringement

Electronic Data Involved: Name of subscriber

Diesel Mach., Inc. v. Manitowoc Crane, Inc., No. CIV 09-4087-RAL, 2011 WL 677458 (D.S.D. Feb 16, 2011)

Dec 01 2011

Key Insight: Where parties had an agreement to produce in native format which the court had approved and adopted but later agreed that defendant could produce some information in hard copy (in light of defendant?s representation that hard copy production could be more quickly accomplished prior to pending depositions), the court found the parties agreement to produce in native format was modified and declined to compel re-production citing the burden and expense (including duplication of time and expense of conducting redactions, for example)

Nature of Case: Breach of contract and claims arising from South Dakota Dealer Protection Act

Electronic Data Involved: ESI produced in hard copy

Hard Drive Prods., Inc. v. Does 1-118, No. C 11-01567 LB, 2011 WL 1431612 (N.D. Cal. Apr. 14, 2011)

Dec 01 2011

Key Insight: Where plaintiff demonstrated that (1) the Doe defendants are real people who may be sued in federal court; (2) it has unsuccessfully attempted to identify the Doe defendants prior to filing this motion; (3) its infringement and civil conspiracy claims against the Doe defendants could survive a motion to dismiss; and (4) there is a reasonable likelihood that service of the proposed subpoenas on the ISPs will lead to information identifying the Doe defendants, court granted motion for expedited discovery to allow plaintiffs to serve subpoenas seeking information to identify the unknown plaintiffs

Nature of Case: Copyright infringement

Electronic Data Involved: Information related to identity of Does 1-118

Liberty Media Holding, LLC v. Swarm of November 16, 2010 Sharing Hash File A3E6F65F2E3D672400A5908F64ED55B66A088B8, No. 11cv619 (BLM), 2011 WL 1597495 (S.D. Cal. Apr. 26, 2011)

Dec 01 2011

Key Insight: Plaintiff’s motion for permission to serve subpoenas on identified ISPs seeking information sufficient to identify Does 1-95 granted

Nature of Case: Coyright infringement

Electronic Data Involved: Names of ISP subsribers

Call of the Wild, LLC v. Does 1-1062, 770 F. Supp. 2d 332 (D.D.C. 2011)

Dec 01 2011

Key Insight: Court denied third-party Time Warner?s motion to quash plaintiffs? subpoena seeking identifying information as to a number of allegedly infringing John Does where Time Warner failed to establish undue costs because plaintiff had been ordered to bear the costs of production and failed to establish undue burden, particularly where it admitted that ?more than fifty percent? of the work had already been accomplished

Nature of Case: Copyright infringement

Electronic Data Involved: Identifying information of ISP subscribers

Hard Drive Prods., Inc. v. Does 1-30, No. 2:11cv345, 2011 WL 2634166 (E.D. Va. July 1, 2011)

Dec 01 2011

Key Insight: Court granted motion for expedited discovery to issue subpoenas to relevant ISPs seeking information sufficient to identify Doe defendants

Nature of Case: Copyright infringement

Electronic Data Involved: Identifying information from ISP

Hard Drive Prods., Inc. v. Does 1-69, No. C-11-03004 HRL, 2011 WL 2784578 (N.D. Cal. July 14, 2011)

Dec 01 2011

Key Insight: Court granted motion for expedited discovery allowing plaintiff to serve Rule 45 subpoenas on ISPs to obtain information sufficient to identify Doe defendants

Nature of Case: Copyright infringement

Electronic Data Involved: Names of ISP subscribers

In re Facebook PPC Adver. Litig., No. C09-03043 JF (HRL), 2011 WL 1324516 (N.D. Cal. Apr. 6, 2011)

Dec 01 2011

Key Insight: Despite Facebook?s assertions that an ESI protocol was unnecessary and that there was no basis to require rigid up-front requirements, court cited the ?clear thrust of discovery-related rules, case law, and commentary? suggesting that communication among counsel is critical and ordered parties to meet and confer to establish protocol to establish the format of production, search terms, etc.; court ordered re-production of any ESI already produced in non-searchable formats and prohibited Facebook?s further use of Watchdox.com to make ESI available to plaintiffs where the method was unduly burdensome to plaintiffs (in light of Facebook?s control of the documents, ability to track what was reviewed, etc.) and where parties previously agreed to a protective order which provided sufficient protection to the documents at issue

Electronic Data Involved: ESI

Diabolic Video Prods., Inc. v. Does 1-2099, No. 10-CV-5865-PSG, 2011 WL 3100404 (N.D. Cal. May 31, 2011)

Dec 01 2011

Key Insight: Court granted motion to serve expedited discovery on Doe #1?s Internet Service Provider seeking information sufficient to identify the Doe for service but severed Does 2-2099 from the case upon finding that they had been improperly joined

Nature of Case: Copyright infringement

Electronic Data Involved: Identifying information for ISP subscribers

Millennium TGA, Inc. v. Does 1-21, No. 11-2258 SC, 2011 WL 2976683 (N.D. Cal. July 22, 2011)

Dec 01 2011

Key Insight: Court found plaintiff had shown good cause and granted motion to serve expedited discovery on the identified Internet Service Providers of Does 1-21 for the purpose of learning the identity of the Does for service

Nature of Case: Copyright infringement

Electronic Data Involved: Names and contact information for ISP subscribers

Tag:Early Conference/Discovery Plan