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D. GILL SPERLEIN (172887) THE LAW OFFICE OF D. GILL SPERLEIN 584 Castro Street, Suite 879 San Francisco, California 94114 Telephone: (415) 404-6615 Facsimile: (415) 404-6616 gill@sperleinlaw.com Attorney for plaintiff IO GROUP, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 10-3647 (MEJ)

IO GROUP, INC. d/b/a TITAN MEDIA, a California corporation, Plaintiff, vs. DOES 1-244, individuals, Defendants.

DECLARATION OF D. GILL SPERLEIN IN SUPPORT OF
PLAINTIFF IO GROUP, INC.’S REPLY TO ANONOMOUSLY FILED OPPOSITION TO MOTION TO STRIKE

I, D. Gill Sperlein, declare:

1.

I am a member of the State Bar of California and the bar of this Court. I am the

attorney of record in this matter. 2. On behalf of my client Io Group, Inc. I have filed a number of copyright

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infringement cases in this district over the last 8 years, including other cases very similar to the

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above captioned matter. I have represented Io Group, Inc. in copyright infringement actions against corporate defendants such as Larry Flynt Productions and Veoh, Inc. and I have prosecuted claims against foreign companies and individuals even when recovery on a judgment was highly

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unlikely. 3. In this matter, I served on AT&T a subpoena to discover the subscriber information

for individuals assigned various ip addresses at specific times and dates. After AT&T notified the subscribers that Plaintiff had subpoenaed their information, four of those subscribers, either directly or through counsel, contacted me to discuss the matter. Each was able to provide his ip address. 4. In an earlier filed case similar to this one, a defendant filed several motions that had

been written by an attorney and sold to the defendant. The attorney publically admitted that “every single motion to quash has failed” but that they “create more work for the people suing

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you, and therefore it will take more effort to reveal your identity.” In my brief opposing the motions I wrote that Plaintiff would seek sanctions against the party and the lawyer. The case was Io Group, Inc. v. Does 1-138, Plaintiff Io Group, Inc.’s Opposition to S.P.’s Motion to Dismiss for Lack of Personal Jurisdiction, Docket No. 40 and Plaintiff Io Group, Inc.’s Opposition to S.P.’s Motion to for Protective Order, Docket No. 41.

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5.

As far as I know, the individual who filed the Motion to Dismiss in this matter has

never contacted me or had a conversation with me. 6. I have subpoenaed subscriber account information from many different Internet

service providers (ISPs) in various cases, including AT&T. Most residential ISPs, including AT&T, assign ip addresses on a dynamic basis, meaning that a subscriber does not keep the same

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address over time. Rather the ip address changes from time to time.

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7.

On behalf of Io Group in another matter, I recently served a subpoena on AT&T

seeking the identity of fifty Bell South subscribers. When AT&T produced the data, I discovered that Bell South had assigned one subscriber 3 of the ip addresses identified in the Complaint.

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Three other individuals had been assigned two of the ip addresses identified in the Complaint. Prior to that time each ip address was identified as a different Doe in the Complaint. Pursuant to the laws of the United States, I declare under penalty of perjury the foregoing is true and correct.

4/15/2011 Dated: _____________

/s/ D. Gill Sperlein ____________________________________ D. GILL SPERLEIN Attorney for Io Group, Inc.

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