Description
Case Management Order
1 – STANDING ORDER
UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
IN THE MATTER OF CASE MANAGEMENT Standing Order No. ________
OF COPYRIGHT INFRINGEMENT CASES
AGAINST DOE IP ADDRESSES
CASE MANAGEMENT ORDER
In compliance with FRCP 1 to secure the just, speedy and inexpensive determination of
the large number of similar copyright infringement cases filed in this District against a defendant
identified only by an Internet Protocol (“IP”) address, IT IS ORDERED that:
1. Such cases shall be filed in the Portland Division and randomly assigned to one of
three judges on a three-judge panel appointed by the Chief Judge to manage these cases;
2. Plaintiff shall not join multiple Doe IP addresses as defendants in the same action;
3. Plaintiff shall file evidence of its ownership of the copyright at issue before
proceeding with prosecution of any of these cases;
4. Pursuant to FRCP 26 and 45, plaintiff has leave to take limited discovery prior to the
initial FRCP 26 conference pursuant to a subpoena to the appropriate Internet Service Provider
(“ISP”) for records and other information which identify the subscriber and account holder
assigned to the Doe IP address. The ISP subpoena must include a copy of Standing Order No.
_____from the Court regarding the availability of pro bono counsel with any communications to
the subscriber/account holder.
5. All current discovery and pretrial deadlines are stricken. Within 30 days after plaintiff
substitutes and serves the Doe IP address with a properly identified defendant, plaintiff shall file
a written status report with the Court.
2 – STANDING ORDER
6. When filing any motion referring to communications with any person that it believes
may be the IP address subscriber/account holder or alleged infringer, plaintiff shall file copies of
those communications, as well as evidence that the communications were received.
7. Plaintiff’s first communication with any person that it believes may be the IP address
subscriber/account holder or alleged infringer must include a copy of the Standing Order.
8. If the parties have not consented to the assigned Magistrate Judge, any Findings and
Recommendation(s) issued by the assigned Magistrate Judge will be referred to a District Judge
on the three-judge panel.
DATED on behalf of this Court this ____ day of __________, 2016.
______________________________
Michael W. Mosman
Chief U.S. District Court Judge
doc_987163355.pdf
Case Management Order
1 – STANDING ORDER
UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
IN THE MATTER OF CASE MANAGEMENT Standing Order No. ________
OF COPYRIGHT INFRINGEMENT CASES
AGAINST DOE IP ADDRESSES
CASE MANAGEMENT ORDER
In compliance with FRCP 1 to secure the just, speedy and inexpensive determination of
the large number of similar copyright infringement cases filed in this District against a defendant
identified only by an Internet Protocol (“IP”) address, IT IS ORDERED that:
1. Such cases shall be filed in the Portland Division and randomly assigned to one of
three judges on a three-judge panel appointed by the Chief Judge to manage these cases;
2. Plaintiff shall not join multiple Doe IP addresses as defendants in the same action;
3. Plaintiff shall file evidence of its ownership of the copyright at issue before
proceeding with prosecution of any of these cases;
4. Pursuant to FRCP 26 and 45, plaintiff has leave to take limited discovery prior to the
initial FRCP 26 conference pursuant to a subpoena to the appropriate Internet Service Provider
(“ISP”) for records and other information which identify the subscriber and account holder
assigned to the Doe IP address. The ISP subpoena must include a copy of Standing Order No.
_____from the Court regarding the availability of pro bono counsel with any communications to
the subscriber/account holder.
5. All current discovery and pretrial deadlines are stricken. Within 30 days after plaintiff
substitutes and serves the Doe IP address with a properly identified defendant, plaintiff shall file
a written status report with the Court.
2 – STANDING ORDER
6. When filing any motion referring to communications with any person that it believes
may be the IP address subscriber/account holder or alleged infringer, plaintiff shall file copies of
those communications, as well as evidence that the communications were received.
7. Plaintiff’s first communication with any person that it believes may be the IP address
subscriber/account holder or alleged infringer must include a copy of the Standing Order.
8. If the parties have not consented to the assigned Magistrate Judge, any Findings and
Recommendation(s) issued by the assigned Magistrate Judge will be referred to a District Judge
on the three-judge panel.
DATED on behalf of this Court this ____ day of __________, 2016.
______________________________
Michael W. Mosman
Chief U.S. District Court Judge
doc_987163355.pdf