Pacific Century International LTD v. Does 1-20, 1:12-cv-03073

Pacific Century International Ltd filed a March 2, 2012 complaint in SD Texas, alleging copyright infringement and civil conspiracy by twenty John Doe defendants.
Plaintiff sought expedited discovery and served subpoenas on ISPs Comcast and Suddenlink/Cebridge to identify subscribers by name, contact info, and MAC addresses.
Plaintiff moved to compel compliance with the subpoenas; the motion was granted in part and denied in part.
The court analyzes the subpoena power under Rule 45 and considers undue burden and the geographic placement of the IP addresses.
Where IP addresses are in Texas, subpoenas are quashed; for subscribers within this Court’s territorial jurisdiction, subpoenas proceed with notice.
ISPs must notify affected subscribers and provide identifying information after objections are resolved, within 30 days.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether IPs outside this court's jurisdiction justify quashing	N/A (plaintiff's focus on productive use of subpoenas).	Undue burden and distant forum concerns; ensure not to impose burdens unnecessarily.	Quash IPs located in Texas; proceed for others with notice.
Whether IPs located in Texas should be quashed	N/A	Texas-located IPs should not be pursued in this forum if unduly burdensome.	IP addresses located in Texas: subpoenas are quashed.
Whether subpoenas for subscribers within this Court's jurisdiction may proceed with notice	Identify subscribers and obtain their information for litigation.	Protect subscriber privacy and avoid unnecessary burden by moving in a distant forum.	Subpoenas may proceed for subscribers within jurisdiction subject to notice.
Notice requirement under 47 U.S.C. § 551 prior to disclosure	Disclose identifying information following court order with notice to subscribers.	Subscribers should receive notice and have opportunity to object before disclosure.	Notice to subscribers is required; provide within 30 days and allow objections within 30 days.

United States S.E.C. v. Hyatt, 621 F.3d 687 (7th Cir. 2010) (authority to compel production after subpoena objections)