WEST COAST PRODUCTONS, NC, ) Plaintiff, ) ) v. ) Case No. 1:12-CV-02642 ) DOES 1-38. ) JURY TRIAL DEMANDED Defendants. ) _______________________________________________
MOTION FOR CLARIFICATION On November 28, 2012, this Court granted in part Plaintiff's Motion for Expedited Discovery. Docket No. 12. As provided in Plaintiff's Status Report [Docket No. 16], and in accordance with the Court's order, Plaintiff served subpoenas on all nternet Service Providers (SPs) in possession of information necessary to identify Does 1-38. CSC Holdings LLC (a/k/a Cablevision, d/b/a Bresnan Communications) ("CSC Holdings), SP to four Does in suit, has responded to Plaintiff that the wording of the Court Order is unacceptable and that it will not act on the subpoena as a result. Docket No. 16, Ex. A. Of import, CSC Holdings indicates that, in order for it to act on the subpoena, the Court Order must contain the following: Direction to disclose the subscriber's personally identifiable information pursuant to 47 U.S.C. 551(c)(2)(B).
Id. t is Plaintiff's position that this information has been incorporated into the Court Order by reference. The notice procedures set forth in the Court Order comply with the spirit of 47 U.S.C. 551(c)(2)(B), which requires a cable operator to serve a copy of this order on the subscriber. Id. ("Each SP shall notify the subscribers that their identities 1
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have been subpoenaed by the Plaintiff.)
Nonetheless, in the interest of avoiding excessive motion practice, Plaintiff moves the Court for clarification of its Order so as to explicitly incorporate the information CSC Holdings seeks so that the expedited discovery of the Doe identities may be obtained without further delay. Respectfully submitted, PLANTFF WEST COAST PRODUCTONS, NC. By its attorneys, MLE HGH LAW OFFCE, LLC
Dated: January 11, 2013 By:__/s/ Sanjin Mutic________ Sanjin Mutic Attorney at Law 621 Seventeenth St., Suite 1101 Denver, CO 80293 sanjin@milehighlawoffice.com
CERTIFICATE OF SERVICE
hereby certify that on January 11, 2013, electronically filed the foregoing document via the Court's ECF, electronic email system, upon all of record:
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/s/ Paul A. Lesko______________
/s/ Sanjin Mutic______________
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