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Feb -.., 2011 Dallas Division Case 3:11-cv-00147-F Document 6 Filed 02/07/11 Page 1 of 34 PageID 60 U.S. DISTRICT COURT NORTHERN DISTRICT OF TEXAS FILED UNITED STATES DISTRICT C NORTHERN DISTRICT OF T FEB -.., 2011 DALLAS DIVISION FUNIMATION ENTERTAINMENT, § Plaintiff, § § Civil No. ll-cv-147-F v. § § DOES 1 - 1,337, § Defendants, § ORDER VACATING THE COURT'S ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO TAKE DISCOVERY PRIOR TO RULE 26(1) CONFERENCE AND ORDER TO SHOW CAUSE On February 3, 2011, the Court Granted Plaintiffs Motion for Leave to Take Discovery Prior to Rule26(f) Conference. See Docket No.5. After further consideration, the Court finds that the Discovery Motion concerns matters that could materially affect the interest of the Defendant Does, but because the Defendants' identities have yet to be ascertained, the Does cannot represent their interests before this Court. Accordingly, the Court VACATES its Order granting Plaintiffs Motion for Leave to Take Discovery. Additionally, the Court enters this Order to Show Cause why the Court should not appoint attorneys ad litem to represent the Does' interests in the Motion for Leave to Take Discovery. It is ORDERED that Plaintiff RESPOND to this Order to Show Cause on or before February 28, 2011. In the event that there is no response to this Order the Court will appoint attorneys ad litem to represent the Does' interests in the Motion for Leave to Take Discovery. 1 Case 3:11-cv-00147-F Document 6 Filed 02/07/11 Page 2 of 34 PageID 61 Further, it is ORDERED that the internet service providers ("ISPs") listed in Exhibit A to this Order preserve existing activity reports for each Internet Protocol ("IP") address listed in Exhibit A pending the resolution ofthe Discovery Motion. The ISPs are required to retain activity records only for the specific date and time logged for each IP address, and then only to the extent necessary to identifY each Doe defendant's name, address, telephone number, e-mail address, and Media Access Control address. Plaintiff is directed to serve a copy ofthis Order on each affected ISP. The ISPs have thirty (30) days from the date ofthis Order to respond to the Discovery Motion, ifthey desire to do so. It is so Ordered. n. Signed this;'::day ofFebruary, 2011. Senior United States District Judge 2 Case 3:11-cv-00147-F Document 6 Filed 02/07/11 Page 3 of 34 PageID 62 Exhibit A Defendant Host IP Date (GMT) ISP Doe 1 71.172.24.89 1/9/11 3:27 AM Verizon Internet Services Doe 2 71.172.24.89 1/9/113:33 AM Verizon Internet Services Doe 3 76.15.157.77 1/9/11 4:27 AM EarthUnk Doe 4 67.82.109.93 1/9/11 6:39 AM Optimum Online J Doe 5 68.80.201.212 1/9/11 7:33 AM Com cast Cable Doe 6 208.120.27.83 1/9/11 3:33 PM EarthUnk I Doe 7 173.63.169.225 1/9/11 9:51 PM Ver;zon Internet Services I Doe8 ~42.85 1/9/11 9:51 PM Com cast Cable I Doe 9 . 5.221 1/9/11 9:51 PM Road Runner i Doe 10 173.54.14.224 1/10/11 8:33 PM Vedzon Internet Services I Doe 11 96.240.97.207 1/10/11 9:15 PM Verizon Internet Services Doe 12 108.41.4.202 1/11/1112:57 AM Verizon Internet Services I Doe 13 71.172.234.183 1/12/11 4:51 AM Verizon Internet Services Doe 14 173.63.90.115 1/12/115:15 AM Verizon Internet Services I Doe 15 138.88.153.83 1/9/114:09 AM Verizon Internet Services Doe 16 141.156.177.209 1/9/11 4:15 AM Verizon Internet Services I Doe 17 141.156.181.4 1/9/11 6:27 AM Verizon Internet Services i Doe 18 173.73.135.21 1/10/11 5:21 AM Verizon Internet Services I Doe 19 76.21.212.143 1/10/119:33 PM Com cast Cable Doe 20 68.55.72.68 1/11/1112:09 AM Comcast Cable Doe 21 96.240.138.53 1/11/1111:i7P'M1 Verizon Internet Services Doe 22 67.87.116.224 1/9/11 3:33 AM Optimum Online I Doe 23 67.87.116.224 1/9/11 4:03 AM Optimum Online i Doe 24 67.86.221.187 1/9/114:27 AM Optimum Online I Doe 25 68.191.46.251 1/9/1110:45 AM Charter Communications i Doe 26 76.235.15.211 1/10/111:15 AM SBC Internet Services I Doe 27 69.120.81.198 1/10/1111:45 PM Optimum Online Doe 28 69.120.161.200 1/12/1112:15 AM Optimum Online Doe 29 67.87.9.250 1/12/1112:57 AM Optimum Online Doe 30 68.113.88.154 1/9/119:27 PM Charter Communications Doe 31 76.22.118.109 1/9/11 3:27 AM Com cast Cable Doe 32 67.160.85.95 1/9/113:33 AM Comcast Cable ! 71.197.232.142 1/9/11 3:39 AM Comcast Cable i Doe 34 71.231.56.148 1/9/114:21 AM Com cast Cable I Doe 35 70.89.122.77 1/9/11 4:39 AM Com cast Business Communications Doe 36 67.160.85.95 1/9/114:~~ast Cable Doe 37 67.161.86.156 1/9/11 5:2 Comcast Cable Doe 38 74.61.21.92 1/9/115:~ Clearwire Corporation Doe 39 97.113.209.62 1/9/11 7:5 Qwest Communications Doe 40 71.231.228.111 1/9/11 9:27 PM Com cast Cable Case 3:11-cv-00147-F Document 6 Filed 02/07/11 Page 4 of 34 PageID 63 Doe 41 70.89.122.77 1/9/1111:03 PM Com cast Business Communications Doe 42 24.16.197.26 1/10/111:33 AM Com cast Cable i Doe 43 174.21.163.201 1/10/11 8:45 PM Qwest Communications Doe 44 97.113.204.210 1/10/11 9:21 PM Qwest Communications Doe 45 71.231.58.242 1/11/11 3:51 AM Com cast Cable J Doe 46 67.160.84.236 1/12/111:03 AM Comcast Cable Doe 47 67.170.77.169 1/12/11 2:57 AM Comcast Cable i Doe 48 72.224.122.248 1/9/11 3:27 AM Road Runner Doe 49 72.224.122.248 1/9/11 9:21 AM Road Runner Doe 50 74.78.29.1 1/10/11 7:21 PM Road Runner I Doe 51 209.105.191.215 1/9/11 5:21 AM Fairpoint Communications Doe 52 76.178.136.97 1/11/11 9:57 PM Road Runner I Doe 53 75.18.138.244 1/9/11 4:03 PM SBC Internet Services Doe 54 69.225.10.21 1/10/11 3:15 AM SBC Internet Services J Doe 55 67.181.7.7 1/10/1111:57 PM Com cast Cable i Doe 56 98.239.105.227 1/11/1110:21 PM Comcast Cable i Doe 57 173.174.138.231 1/9/11 3:27 AM Road Runner ! Doe 58 70.117.4.148 1/9/11 4:27 AM Road Runner Doe 59 75.8.81.248 1/9/11 4:33 AM SBC Internet Services . Doe 60 70.117.4.148 1/9/11 5:09 AM Road Runner Doe 61 70.129.22.74 1/9/11 7:21 AM SBC Internet Services Doe 62 75.1.177.149 1/9/11 8:33 AM SBC Internet Services Doe 63 75.1.177.149 1/9/11 9:21 AM SBC Internet Services Doe 64 68.206.96.29 1/9/1111:51 AM Road Runner Doe 65 I 71.21.108.163 1/9/11 8:33 PM Clearwire Corporation J Doe 66 72.191.36.227 1/9/11 8:39 PM Road Runner Doe 67 70.129.23.134 1/9/11 9:33 PM SBC Internet Services Doe 68 71.21.108.163 1/10/11 2:09 AM Clearwire Corporation Doe 69 24.243.2.151 1/11/11 2:09 AM Road Runner Doe 70 99.97.131.244 1/11/1110:21 AM SBC Internet Services Doe 71 96.246.169.137 1/9/11 3:27 AM Verizon Internet Services Doe 72 96.246.169.137 1/9/11 4:33 AM Verizon Internet Services I Doe 73 74.64.97.72 1/9/11 9:09 AM Road Runner i ,,. n. A Doe 74 108.14.244.224 1/9/11 zon Internet Services I Doe 75 69.204.240.13 1/9/113:15 PM Road Runner Doe 76 69.22.249.8 1/9/11 8:15 PM EarthLink Doe 77 207.38.135.242 1/10/113:21 AM RCN Corporation i Doe 78 74.68.137.63 1/10/113:21 PM Road Runner Doe 79 69.201.186.236 1/11/111:57 AM Road Runner Doe 80 71.249.2.155 1/11/11 5:21 AM Verizon Internet Services Doe 81 67.244.30.187 1/11/11 4:27 PM Road Runner i Doe 82 74.68.154.172 1/11/1110:15 PM Road Runner Doe 83 69.22.249.2 1/12/1112:51 AM EarthLink Case 3:11-cv-00147-F Document 6 Filed 02/07/11 Page 5 of 34 PageID 64 Doe 84 14.68.154.172 1/12/11 5:15 AM Road Runner I Doe 85 69.126.115.152 1/12/11 5:51 AM Optimum Online Doe 86 16.181.118.36 1/9/11 3:33 AM Road Runner Doe 81 16.181.118.36 1/9/11 4:45 AM Road Runner Doe 88 72.190.82.208 1/9/11 1:09 AM Road Runner • Doe 89 10.251.91.23 1/9/111:45 AM SBC Internet Services Doe 90 10.251.84.166 1/9/118:33 AM SBC Internet Services I Doe 91 10.251.84.166 1/9/11 8:51 AM SSC Internet Services i Doe 92 10.251.83.102 1/9/1111:03 AM SSC Internet Services J Doe 93 110.251.114.244 1/9/1112:03 PM SSC Internet Services Doe 94 10.251.123.112 1/9/1112:51 PM SBC Internet Services Doe 95 10.251.91.136 1/9/111:21 PM SBC Internet Services rDoe 96 10.251.109.130 1/9/11 2:09 PM SSC Internet Services i Doe 91 10.251.106.136 1/9/11 2:21 PM SSC Internet Services I .
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