Case 3:12-cv-00055-GEC-BWC Document 4

Filed 10/10/12 Page 1 of 2 Pageid#: 21

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF VIRGINIA CHARLOTTESVILLE DIVISION

AF HOLDINGS, LLC, Case No. 3:12CV55 Plaintiff,

v.

JOHN DOE(s) 1-4,

Defendant.

PLAINTIFF S MOTION FOR LEAVE TO TAKE DISCOVERY PRIOR TO THE RULE 26(f) CONFERENCE Plaintiff, through its undersigned counsel, hereby moves this Court for an Order granting limited discovery prior to the Rule 26(f) Conference. This motion is based upon the case record, attached memorandum and authorities cited therein. Through previous litigation, the Plaintiff has ascertained the name and address of each registered user of the IP address indicated on Exhibit A of the Complaint (names are voluntarily redacted) filed in this matter. While there is strong belief by the Plaintiff that the registered user of the IP address is the actual infringer, Plaintiff seeks to depose each registered user to determine certain facts and circumstances dealing with any persons who may have had access to the each IP address indicated on Exhibit A of the complaint. 1

Case 3:12-cv-00055-GEC-BWC Document 4

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Accordingly, Plaintiff seeks to conduct FRCP 30 depositions on each registered user indicated on Exhibit A of the Complaint prior to the Rule 26(f) conference for the purposes of ensuring that the correct Defendant is named in each infringement. Any information disclosed to the Plaintiff in response to a Rule 30 deposition will be used by the Plaintiff solely for the purpose of protecting Plaintiff s rights as set forth in its Complaint. For all the reasons articulated in the attached memorandum, Plaintiff respectfully asks the Court to grant this motion and enter an Order substantially in the form of the attached Proposed Order. Respectfully submitted, DATED: 10/10/12 By: /s/ Timothy V. Anderson Timothy V. Anderson Anderson & Associates, PC 2492 North Landing Rd Ste 104 Virginia Beach, VA 23456 757-301-3636 Tel 757-301-3640 Fax timanderson@virginialawoffice.com Attorney for Plaintiff CERTIFICATE OF MAILING I CERTIFY that a true of copy of this motion and attached memorandum, along with the Complaint filed herein was mailed this _____10_____day of October 2012 to each registered user as indicated on Exhibit A of the complaint. By: /s/ Timothy V. Anderson Timothy V. Anderson Anderson & Associates, PC 2492 North Landing Rd Ste 104 Virginia Beach, VA 23456 757-301-3636 Tel 757-301-3640 Fax timanderson@virginialawoffice.com Attorney for Plaintiff

Case 3:12-cv-00055-GEC-BWC Document 4-1

Filed 10/10/12 Page 1 of 2 Pageid#: 23

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF VIRGINIA CHARLOTTESVILLE DIVISION

AF HOLDINGS, LLC, Case No. 3:12CV55 Plaintiff, v. JOHN DOE(s) 1-4, Defendant.

ORDER GRANTING PLAINTIFF S MOTION FOR LEAVE TO TAKE DISCOVERY PRIOR TO THE RULE 26(f) CONFERENCE The Court has reviewed the Complaint with attached Exhibits, Plaintiff s Motion for Leave to Take Discovery Prior to the Rule 26(f) Conference and all the papers filed in connection with the motion, and the relevant case law. Accordingly, it is hereby ORDERED that Plaintiff s Motion for Leave to Take Discovery Prior to the Rule 26(f) Conference is GRANTED; it is further ORDERED that Plaintiff may conduct Rule 30 depositions on the registered IP users as indicated on Exhibit A of the Complaint for the purposes of determining the identity of the Defendant to be named in this actions and may request any such documents from the registered users necessary to conduct the discovery deposition for the purposes of identifying the actual infringer; and it is further ORDERED any information disclosed to the Plaintiff in response to a Rule 30 deposition may be used by the Plaintiff solely for the purpose of protecting Plaintiff s rights as set forth in its Complaint; it is further 1

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ORDERED that Plaintiff shall serve a copy of this Order along with any Rule 30 deposition notices issued pursuant to this Order.

Entered:

_________________________ United States Magistrate Judge