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Case3:10-cv-03647-WHA Document28 Filed04/15/11 Page1 of 3

1 D. GILL SPERLEIN (172887)


2 THE LAW OFFICE OF D. GILL SPERLEIN
584 Castro Street, Suite 879
3 San Francisco, California 94114
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Telephone: (415) 404-6615
Facsimile: (415) 404-6616
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gill@sperleinlaw.com

7 Attorney for plaintiff


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IO GROUP, INC.

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UNITED STATES DISTRICT COURT
11 NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
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13 )
) CASE NO. 10-3647 (MEJ)
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IO GROUP, INC. d/b/a TITAN MEDIA, a ) DECLARATION OF D. GILL
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California corporation, ) SPERLEIN IN SUPPORT OF
16 ) PLAINTIFF IO GROUP, INC.’S REPLY
) TO ANONOMOUSLY FILED
17 Plaintiff, ) OPPOSITION TO MOTION TO STRIKE
18 vs. )
)
19 DOES 1-244, individuals, )
)
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Defendants. )
21 )

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I, D. Gill Sperlein, declare:
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24 1. I am a member of the State Bar of California and the bar of this Court. I am the
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attorney of record in this matter.
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2. On behalf of my client Io Group, Inc. I have filed a number of copyright
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28 infringement cases in this district over the last 8 years, including other cases very similar to the

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DECLARATION OF D. GILL SPERLEIN IN
SUPPORT OF REQUEST TO EXTEND TIME TO SERVE
C-10-3647 (WHA)
Case3:10-cv-03647-WHA Document28 Filed04/15/11 Page2 of 3

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

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


7 for individuals assigned various ip addresses at specific times and dates. After AT&T notified the
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subscribers that Plaintiff had subpoenaed their information, four of those subscribers, either
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directly or through counsel, contacted me to discuss the matter. Each was able to provide his ip
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11 address.

12 4. In an earlier filed case similar to this one, a defendant filed several motions that had
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been written by an attorney and sold to the defendant. The attorney publically admitted that
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“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
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17 motions I wrote that Plaintiff would seek sanctions against the party and the lawyer. The case was

18 Io Group, Inc. v. Does 1-138, Plaintiff Io Group, Inc.’s Opposition to S.P.’s Motion to Dismiss for
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Lack of Personal Jurisdiction, Docket No. 40 and Plaintiff Io Group, Inc.’s Opposition to S.P.’s
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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
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23 never contacted me or had a conversation with me.


24 6. I have subpoenaed subscriber account information from many different Internet
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service providers (ISPs) in various cases, including AT&T. Most residential ISPs, including
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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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DECLARATION OF D. GILL SPERLEIN IN
SUPPORT OF REQUEST TO EXTEND TIME TO SERVE
C-10-3647 (WHA)
Case3:10-cv-03647-WHA Document28 Filed04/15/11 Page3 of 3

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


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seeking the identity of fifty Bell South subscribers. When AT&T produced the data, I discovered
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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.

6 Prior to that time each ip address was identified as a different Doe in the Complaint.
7 Pursuant to the laws of the United States, I declare under penalty of perjury the
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foregoing is true and correct.
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4/15/2011 /s/ D. Gill Sperlein
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Dated: _____________ ____________________________________
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D. GILL SPERLEIN
13 Attorney for Io Group, Inc.

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DECLARATION OF D. GILL SPERLEIN IN
SUPPORT OF REQUEST TO EXTEND TIME TO SERVE
C-10-3647 (WHA)

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