310-cv-03647-wha docket 13-1 letter to att

8/6/2019 310-Cv-03647-WHA Docket 13-1 Letter to ATT

1/8

THE LAW OFFICE OF D.GILL SPERLEIN

584 Castro Street, Suite 879San Francisco, California 94114

P 415.404.6615 / f 415.404.6616 / [email protected]

October 4, 2010

Rhonda K. Compton

AT&T Internet Services

Legal Compliance Department

1010 N. St. Marys Street, Suite 315-A2

San Antonio, Texas 78215

VIA Facsimile 707-435-6409

Re: Service of Subpoena

Dear Ms. Compton :

As I anticipated in my early letter, I have obtained an Order from the Court authorizing

me to serve the attached subpoena on AT&T Internet. A hard copy will follow in the

U.S. Mail as I understand your policy permits/requires.

If you would like an electronic copy of the attachment so the information can easily be

copied, I would be more than happy to provide one.

Please contact me immediately if you foresee any difficulty in complying with theattached subpoena.

Thank you in advance for your cooperation in this matter.

Very truly yours,

D.GILL SPERLEIN

THE LAW OFFICE OF D.GILL SPERLEIN

Case3:10-cv-03647-WHA Document13-1 Filed11/23/10 Page1 of 8


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2AO88 (Rev. 12/06) Subpoena in a Civil Case

Issued by the

UNITED STATES DISTRICT COURTDISTRICT OF N.D.Texas

SUBPOENA IN A CIVIL CASE

V.

Case Number:1

TO:

G YOU ARE COMMANDED to appear in the United States District court at the place, date, and time specified below to

testify in the above case.

PLACE OF TESTIMONY COURTROOM

DATE AND TIME

G YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition

in the above case.

PLACE OF DEPOSITION DATE AND TIME

G YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the

place, date, and time specified below (list documents or objects):

PLACE DATE AND TIME

G YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.

PREMISES DATE AND TIME

Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers,

directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the

matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6).

ISSUING OFFICERS SIGNATURE AND TITLE (INDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT) DATE

ISSUING OFFICERS NAME, ADDRESS AND PHONE NUMBER

(See Rule 45, Federal Rules of Civil Procedure, Subdivisions (c), (d), and (e), on next page)

1 If action is pending in district other than district of issuance, state district under case number.

IO GROUP, INC.

DOES 1-24410-3647 (MEJ) N.D. Cal.

AT&T Internet Services, Inc.1010 N. St. Marys Street, Suite 315-A2San Antonio, Texas 78215

Documents sufficient to identify the names, addresses, telephone numbers, and e-mail addresses of the AT&T Internet

Services, Inc. subscribers assigned the ip addresses identified on Attachment A on the corresponding dates at thecorresponding times.

The Law Office of D. Gill Sperlein, 584 Castro Street, Suite 879, San Francsico, CA94114 [email protected], fax=415-404-6616

D. Gill Sperlein, Attorney for Plaintiff Io Group, Inc.584 Castro Street, Suite 879, San Francsico, CA 94114 [email protected]; phone 415-404-6615; fax 415-404-6616


12/5/10: 5 p.m.PC

October 4, 2010


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Doe No. Date IP Address Time (GMT)

1 May 5, 2010 99.147.204.85. 17:54:36

2 May 13, 2010 99.13.229.0 04:29:30

3 May 10, 2010 99.72.197.27 06:30:15

4 April 23, 2010 99.189.182.234 03:59:05

5 June 7, 2010 99.160.5.62 02:09:30

6 June 14, 2010 69.148.170.11 14:18:39

7 May 9, 2010 75.30.92.78 17:42:408 June 14, 2010 69.234.42.8 15:02:12

9 May 10, 2010 71.156.57.125 03:47:01

10 June 8, 2010 69.211.7.175 02:53:48

11 June 14, 2010 99.169.63.132 13:52:19

12 June 9, 2010 99.181.154.83 04:03:37

13 June 7, 2010 99.62.56.10 19:29:22

14 May 9, 2010 99.23.7.155 03:58:38

15 May 14, 2010 71.136.253.90 09:55:34

16 June 10, 2010 99.38.229.12 22:02:59

17 May 31, 2010 70.247.116.73 22:42:26

18 May 25, 2010 69.106.188.173 12:35:53

19 April 2, 2010 99.65.9.132 07:11:30

20 April 20, 2010 69.231.81.191 09:45:05

21 April 9, 2010 76.238.5.106 13:27:3622 May 14, 2010 68.126.62.231 21:59:02

23 May 16, 2010 68.255.254.114 10:55:33

24 May 19, 2010 70.138.125.116 17:11:34

25 May 20, 2010 76.200.146.36 03:28:24

26 May 24, 2010 69.106.107.92 21:15:42

27 April 20, 2010 99.151.112.236 06:05:48

28 May 22, 2010 69.232.37.68 22:43:56

29 May 26, 2010 75.6.246.205 23:11:52

30 April 2, 2010 76.200.159.184 06:24:17

31 June 6, 2010 69.110.31.162 05:00:30

32 April 27, 2010 75.37.148.26 20:00:16

33 June 8, 2010 99.144.233.234 09:31:27

34 June 8, 2010 76.220.40.238 19:22:29

35 June 9, 2010 76.245.99.43 07:38:0536 June 13, 2010 99.177.146.113 00:52:21

37 April 10, 2010 76.219.170.57 09:11:47

38 May 22, 2010 99.191.36.71 18:16:52

39 June 3, 2010 99.74.180.95 18:34:14

40 April 6, 2010 99.170.53.79 21:07:41

41 April 1, 2010 69.237.159.9 08:21:17

42 May 20, 2010 99.20.193.132 20:25:31

43 May 30, 2010 75.55.221.179 02:29:40

44 April 17, 2010 173.19.91.145 08:21:30

45 June 14, 2010 75.25.0.55 13:59:23

46 June 6, 2010 76.212.195.103 06:53:30

47 June 11, 2010 75.34.155.11 21:20:32

48 June 8, 2010 12.171.62.218 05:40:20

49 June 12, 2010 99.177.184.130 16:57:1450 June 13, 2010 99.61.83.47 01:53:54

51 April 21, 2010 69.109.24.43 03:54:31

52 May 29, 2010 75.26.157.243 02:23:18

53 June 4, 2010 99.25.235.173 07:29:13

54 June 12, 2010 64.252.134.121 06:04:54

55 April 14, 2010 69.228.43.213 09:21:39

55 April 16, 2010 69.228.43.213 09:24:13

55 April 17, 2010 69.228.43.213 04:25:30

55 April 17, 2010 69.228.43.213 08:26:30


ATTACHMENT A


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55 April 17, 2010 69.228.43.213 21:42:41

60 May 21, 2010 69.228.38.188 00:00:12

61 May 31, 2010 71.139.172.56 19:39:09

62 June 10, 2010 173.20.139.84 17:30:19

63 April 9, 2010 70.138.156.211 03:55:10

64 April 2, 2010 75.17.228.84 03:38:11

65 May 25, 2010 71.142.76.150 10:09:05

66 May 20, 2010 69.153.62.69 11:50:27

67 May 29, 2010 76.247.81.38 15:04:12

68 April 11, 2010 70.138.156.211 01:48:31

69 June 1, 2010 68.76.145.41 01:25:33

70 June 14, 2010 99.23.124.230 13:33:15

71 June 1, 2010 75.11.52.12 21:40:04

72 June 10, 2010 75.46.73.182 09:29:50

73 June 13, 2010 76.253.126.185 01:08:51

74 June 12, 2010 75.45.64.35 10:57:56

75 June 10, 2010 71.138.213.49 19:20:47

76 June 12, 2010 99.173.173.185 23:28:00

77 May 4, 2010 71.137.242.145 08:54:56

78 April 11, 2010 173.24.95.68 01:43:28

79 May 18, 2010 76.255.149.206 20:23:30

80 May 30, 2010 75.42.224.84 17:16:27

81 June 12, 2010 99.179.183.142 14:58:06

82 April 6, 2010 75.37.21.202 09:31:43

83 May 21, 2010 76.204.101.230 05:43:52

84 June 8, 2010 76.253.101.93 11:44:33

84 June 9, 2010 76.253.101.93 03:02:00

84 June 9, 2010 76.253.101.93 19:27:58

84 June 12, 2010 76.253.101.93 10:33:13

88 June 11, 2010 99.189.182.125 23:56:57

89 April 1, 2010 76.254.31.154 16:55:57

90 June 11, 2010 76.221.147.95 06:47:25

91 May 14, 2010 76.193.160.13 01:35:29

92 May 26, 2010 68.127.29.115 16:42:57

93 May 27, 2010 99.6.90.159 21:13:22

94 May 8, 2010 75.2.241.44 12:12:49

95 April 1, 2010 71.139.173.172 15:42:05

96 May 30, 2010 207.214.111.120 17:31:51

97 May 21, 2010 99.152.144.200 20:39:40

98 May 3, 2010 75.4.193.169 00:14:50

99 April 2, 2010 69.234.182.167 21:22:23

100 April 27, 2010 70.251.71.193 02:33:29

101 June 5, 2010 99.140.6.13 16:08:38

102 June 1, 2010 75.25.14.121 19:51:49

103 June 12, 2010 75.43.211.222 20:26:09

104 April 26, 2010 99.33.193.11 17:26:13

105 April 7, 2010 71.146.137.144 12:00:29

106 June 1, 2010 70.138.109.73 22:54:28

107 May 6, 2010 99.132.235.144 22:29:24

108 June 14, 2010 67.121.126.149 14:22:05

109 May 21, 2010 69.37.91.118 17:09:04

110 May 27, 2010 99.163.85.21 14:00:27

111 April 16, 2010 75.16.117.238 07:48:30

112 June 8, 2010 71.158.175.219 16:26:44

113 June 10, 2010 76.234.160.139 23:51:27

114 June 12, 2010 99.135.166.207 11:38:43

115 June 12, 2010 67.67.221.4 18:24:19

116 May 9, 2010 69.152.170.81 15:59:47

117 June 14, 2010 69.108.100.28 12:22:14



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118 May 29, 2010 71.134.246.32 09:50:54

119 June 12, 2010 99.62.239.19 13:17:59

120 May 27, 2010 76.206.238.136 19:27:35

121 June 9, 2010 70.234.180.126 18:53:21

122 June 14, 2010 70.138.118.253 14:05:35

123 May 11, 2010 69.230.98.98 18:46:01

124 June 12, 2010 69.214.158.234 09:41:03

125 June 10, 2010 99.190.36.169 19:43:11

126 May 27, 2010 68.78.1.170 15:56:55

127 May 18, 2010 75.51.100.140 06:18:14

128 April 17, 2010 75.30.232.154 05:47:51

129 June 7, 2010 69.209.62.195 13:22:19

130 May 20, 2010 99.31.157.251 14:22:17

131 June 1, 2010 173.28.10.150 13:24:50

132 June 9, 2010 99.14.218.241 21:55:21

133 May 31, 2010 69.151.217.35 05:38:21

134 April 4, 2010 99.145.192.90 09:43:02

135 April 3, 2010 99.24.151.136 17:30:56

136 May 11, 2010 69.109.208.20 04:36:51

137 June 11, 2010 75.57.4.175 05:08:15

138 May 2, 2010 75.1.81.97 05:41:01

139 April 5, 2010 99.175.216.223 01:26:03

140 June 2, 2010 99.182.27.98 09:41:41

141 April 21, 2010 173.24.57.242 16:24:03

142 June 8, 2010 99.32.196.233 12:23:21

143 May 25, 2010 99.186.110.74 07:37:10

144 May 20, 2010 70.133.144.228 04:16:41

145 April 28, 2010 69.109.238.192 03:49:27

146 May 21, 2010 76.234.160.69 17:41:16

147 June 12, 2010 75.22.94.224 23:53:22

148 May 25, 2010 99.61.63.194 01:00:11

149 June 12, 2010 75.22.26.25 11:58:14

150 April 4, 2010 99.156.120.197 17:07:11

151 May 12, 2010 99.189.182.125 07:22:58

152 May 20, 2010 12.24.59.130 05:01:56

153 May 22, 2010 70.238.118.198 17:46:11

154 June 8, 2010 75.50.57.11 12:16:01

155 June 11, 2010 70.130.39.246 07:33:47

156 April 26, 2010 76.253.108.184 09:34:16

157 April 9, 2010 70.243.253.64 03:44:22

158 April 27, 2010 99.68.164.40 09:46:02

159 April 28, 2010 99.68.164.40 08:43:03

160 May 15, 2010 99.89.50.98 23:02:36

161 June 11, 2010 173.30.139.233 09:05:22

162 April 28, 2010 76.242.178.7 21:50:23

163 June 8, 2010 76.231.245.123 01:16:34

164 April 10, 2010 99.155.181.0 15:56:38

165 June 11, 2010 173.28.45.98 03:24:40

166 May 27, 2010 75.51.178.220 13:07:42

167 April 23, 2010 70.240.181.201 18:19:45

168 June 12, 2010 75.9.75.5 07:28:10

169 May 29, 2010 76.208.154.110 07:30:35

170 May 31, 2010 99.8.23.24 05:11:58

171 June 5, 2010 68.95.157.13 14:09:14

172 June 14, 2010 71.136.235.205 15:04:03

173 June 14, 2010 68.251.36.60 12:14:45

174 June 12, 2010 75.9.60.146 12:22:11

175 April 26, 2010 99.59.235.188 09:41:58

176 June 13, 2010 99.129.19.42 01:53:30



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177 April 17, 2010 99.131.42.99 20:05:56

178 May 18, 2010 99.41.174.189 17:11:31

179 June 7, 2010 70.247.116.73 21:51:57

180 May 15, 2010 76.194.239.103 05:34:39

181 June 12, 2010 75.25.168.144 19:50:25

182 May 8, 2010 99.11.186.113 10:26:13

183 May 9, 2010 99.58.245.148 03:51:24

184 May 25, 2010 71.146.27.72 20:59:31

185 April 6, 2010 75.51.179.18 09:47:11

186 May 8, 2010 75.10.132.152 19:46:15

187 May 17, 2010 70.128.116.64 20:25:58

188 April 6, 2010 68.91.94.63 09:56:19

188 April 1, 2010 68.91.94.63 10:14:30

189 May 16, 2010 76.254.39.109 22:46:15

190 June 13, 2010 68.89.45.20 01:12:01

192 June 14, 2010 75.18.50.69 12:20:28

193 April 4, 2010 173.23.200.213 01:21:15

194 April 27, 2010 75.1.210.167 06:57:42

195 May 31, 2010 76.204.61.96 22:17:47

196 June 12, 2010 70.251.130.174 17:52:44

197 April 16, 2010 69.153.56.196 09:42:23

198 May 23, 2010 76.251.212.95 14:17:10

199 May 2, 2010 75.36.43.115 08:55:51

200 May 8, 2010 99.60.49.41 12:53:10

201 May 4, 2010 69.151.196.31 15:58:09

202 June 7, 2010 173.28.11.131 10:28:27

203 April 15, 2010 99.1.178.249 05:03:02

204 April 16, 2010 173.18.86.173 05:06:30

205 April 27, 2010 69.234.46.32 00:30:02

206 May 10, 2010 76.219.170.57 04:26:15

207 May 25, 2010 69.234.35.89 18:46:06

208 May 25, 2010 99.32.147.126 15:52:40

209 May 28, 2010 75.25.171.57 03:12:28

210 June 2, 2010 75.41.57.55 07:03:44

211 June 12, 2010 76.219.170.57 08:59:22

212 April 10, 2010 75.17.56.111 21:00:33

213 April 13, 2010 99.129.210.91 14:38:39

214 April 14, 2010 70.130.186.111 03:54:36

215 April 30, 2010 75.18.224.133 08:09:00

216 May 10, 2010 69.149.74.198 03:27:22

217 May 18, 2010 99.51.149.235 15:13:40

218 May 5, 2010 76.222.124.254 20:52:32

219 May 29, 2010 76.217.59.195 07:51:08

220 May 30, 2010 71.155.235.160 23:44:36

221 May 6, 2010 99.17.28.218 21:48:13

222 June 5, 2010 76.237.199.205 20:04:43

223 May 30, 2010 75.17.127.252 18:36:41

224 April 13, 2010 99.61.224.129 09:55:20

225 June 2, 2010 76.200.95.242 02:23:40

226 April 14, 2010 99.94.154.24 06:48:18

227 June 12, 2010 75.36.176.14 19:18:40

228 April 28, 2010 76.203.216.71 10:23:33

229 May 8, 2010 75.47.158.4 16:21:47

230 April 20, 2010 99.190.116.78 21:25:12

231 May 17, 2010 69.149.40.100 20:36:30

232 May 31, 2010 70.233.142.176 02:25:46

233 April 2, 2010 68.92.62.3 04:52:14

234 April 13, 2010 69.111.192.60 15:55:11

235 April 23, 2010 68.251.32.16 21:47:23



7/8

236 May 25, 2010 69.238.178.70 01:04:08

237 June 4, 2010 99.138.88.25 03:22:32

238 May 14, 2010 99.52.245.180 01:51:49

239 April 1, 2010 173.23.173.81 04:01:16

240 April 1, 2010 99.168.94.203 15:52:33

241 April 11, 2010 99.61.95.222 00:29:40

242 April 25, 2010 76.218.82.111 20:24:45

243 April 26, 2010 75.22.90.13 09:42:36

244 June 6, 2010 71.135.100.185 13:40:43



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AO88 (Rev. 12/06) Subpoena in a Civil Case

PROOF OF SERVICE

DATE PLACE

SERVED

SERVED ON (PRINT NAME) MANNER OF SERVICE

SERVED BY (PRINT NAME) TITLE

DECLARATION OF SERVER

I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained

in the Proof of Service is true and correct.

Executed onDATE SIGNATURE OF SERVER

ADDRESS OF SERVER

Rule 45, Federal Rules of Civil Procedure, Subdivisions (c), (d), and (e), as amended on December 1, 2006:

(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS.

(1) A party or an attorney responsible for the issuance and service of a subpoena shall take

reasonable steps to avoid imposing undue burden or expense on a person subject to that

subpoena. The court on behalf of which the subpoena was issued shall enforce this duty and

impose upon the party or attorney in breach of this duty an appropriate sanction, which may

include, but is not limited to, lost earnings and a reasonable attorneys fee.

(2) (A) A person commanded to produce and permit inspection, copying, testing, or

sampling of designated electronically stored information, books, papers, documents or tangible

things, or inspection of premises need not appear in person at the place of production or

inspection unless commanded to appear for deposition, hearing or trial.

(B) Subject to paragraph (d)(2) of this rule, a person commanded to produce and permit

inspection, copying, testing, or sampling may, within 14 days after service of the subpoena or

before the time specified for compliance if such time is less than 14 days after service, serve

upon the party or attorney designated in the subpoena written objection to producing any or all

of the designated materials or inspection of the premises or to producing electronically stored

information in the form or forms requested. If objection is made, the party serving the subpoena

shall not be entitled to inspect, copy, test, or sample the materials or inspect the premises except

pursuant to an order of the court by which the subpoena was issued. If objection has been made,

the party serving the subpoena may, upon notice to the person commanded to produce, move

at any time for an order to compel the production, inspection, copying, testing, or sampling.

Such an order to compel shall protect any person who is not a party or an officer of a party from

significant expense resulting from the inspection, copying, testing, or sampling commanded.

(3) (A) On timely motion, the court by which a subpoena was issued shall quash or modify

the subpoena if it

(i) fails to allow reasonable time for compliance;(ii) requires a person who is not a party or an officer of a party to travel to a place

more than 100 miles from the place where that person resides, is employed or regularly transacts

business in person, except that, subject to the provisions of clause (c)(3)(B)(iii) of this rule, such

a person may in order to attend trial be commanded to travel from any such place within the

state in which the trial is held;

(iii) requires disclosure of privileged or other protected matter and no exception or

waiver applies; or

(iv) subjects a person to undue burden.

(B) If a subpoena

(i) requires disclosure of a trade secret or other confidential research, development,

or commercial information, or

(ii) requires disclosure of an unretained experts opinion or information not

describing specific events or occurrences in dispute and resulting from the experts study made

not at the request of any party, or

(iii) requires a person who is not a party or an officer of a party to incur substantial

expense to travel more than 100 miles to attend trial, the court may, to protect a person subject

to or affected by the subpoena, quash or modify the subpoena or, if the party in whose behalf

the subpoena is issued shows a substantial need for the testimony or material that cannot be

otherwise met without undue hardship and assures that the person to whom the subpoena is

addressed will be reasonably compensated, the court may order appearance or production only

upon specified conditions.

(d) DUTIES IN RESPONDING TO SUBPOENA.

(1) (A) A person responding to a subpoena to produce documents shall produce them as

they are kept in the usual course of business or shall organize and label them to correspond with

the categories in the demand.

(B) If a subpoena does not specify the form or forms for producing electronically stored

information, a person responding to a subpoena must produce the information in a form or

forms in which the person ordinarily maintains it or in a form or forms that are reasonably

usable.

(C) A person responding to a subpoena need not produce the same electronically stored

information in more than one form.

(D) A person responding to a subpoena need not provide discovery of electronically

stored information from sources that the person identifies as not reasonably accessible because

of undue burden or cost. On motion to compel discovery or to quash, the person from whom

discovery is sought must show that the information sought is not reasonably accessible because

of undue burden or cost. If that showing is made, the court may nonetheless order discovery

from such sources if the requesting party shows good cause, considering the limitations of Rule

26(b)(2)(C). The court may specify conditions for the discovery.

(2) (A) When information subject to a subpoena is withheld on a claim that it is privileged

or subject to protection as trial-preparation materials, the claim shall be made expressly andshall be supported by a description of the nature of the documents, communications, or things

not produced that is sufficient to enable the demanding party to contest the claim.

(B) If information is produced in response to a subpoena that is subject to a claim of

privilege or of protection as trial-preparation material, the person making the claim may notify

any party that received the information of the claim and the basis for it. After being notified,

a party must promptly return, sequester, or destroy the specified information and any copies it

has and may not use or disclose the information until the claim is resolved. A receiving party

may promptly present the information to the court under seal for a determination of the claim.

If the receiving party disclosed the information before being notified, it must take reasonable

steps to retrieve it. The person who produced the information must preserve the information

until the claim is resolved.

(e) CONTEMPT. Failure of any person without adequate excuse to obey a subpoena served upon

that person may be deemed a contempt of the court from which the subpoena issued. An

adequate cause for failure to obey exists when a subpoena purports to require a nonparty to

attend or produce at a place not within the limits provided by clause (ii) of subparagraph

(c)(3)(A).


Plaintiff's Counsel

10/4/2010

584 Castro Street, Suite 879

San Francisco, CA 94114

D. Gill Sperlein

AT&T Internet Services, Inc.

c/o/ Rhonda Compton, Legal Compliance

Facsimile to 707-435-6409

Hard Copy via U.S. Mail

October 4, 2010

1010 N. St. Marys Street,315-A

San Antonio, TX 78215