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Need help filing a protective motion to quash or vacate a subpoena.

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Aaron De La Hoz

Junior Member
What is the name of your state (only U.S. law)? Colorado

So recently my mother received a letter from Comcast cable saying they're being sued and her name is going to be subpoenaed in a federal court. I need help to settle this matter for her . It's over a movie that was downloaded not by her but someone using a computer with her wifi. Any help would be greatly appreciated because we have until 10/20/17 to resolve the issue.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Colorado

So recently my mother received a letter from Comcast cable saying they're being sued and her name is going to be subpoenaed in a federal court. I need help to settle this matter for her . It's over a movie that was downloaded not by her but someone using a computer with her wifi. Any help would be greatly appreciated because we have until 10/20/17 to resolve the issue.
What are they asking from her? Without giving any names or identifying information can you tell us what it says word for word rather than paraphrased? I suspect that the letter says something a little different from what you wrote.
 

Zigner

Senior Member, Non-Attorney
I suspect that mom is going to want to hire an attorney to assist in this matter.
 

quincy

Senior Member
What is the name of your state (only U.S. law)? Colorado

So recently my mother received a letter from Comcast cable saying they're being sued and her name is going to be subpoenaed in a federal court. I need help to settle this matter for her . It's over a movie that was downloaded not by her but someone using a computer with her wifi. Any help would be greatly appreciated because we have until 10/20/17 to resolve the issue.
The letter your mother received from Comcast is most likely notification of copyright infringement.

Comcast probably has been served with a subpoena demanding release of your mother's account information so a copyright holder can proceed with an infringement action against her.

It sounds as if an illegal download of a copyrighted film was tracked through your mother's IP address to her computer.

Your mother has a couple of options. She can move to quash the subpoena to protect her account information and identity, or she can do nothing and Comcast will release her identifying information to the person/entity suing her.

Because there is very little time within which your mother must respond, she should speak to an attorney in her area NOW.

I imagine that shortly after your mother's account information is released, your mother will be sent a demand letter from the copyright holder, asking for X amount of dollars in compensation to settle the matter out of court. If not settled, the lawsuit will proceed against her.

Depending on the particular copyright holder, any threat of a lawsuit may be an idle threat. An attorney in your mother's area can personally review the notice from Comcast and the material said to be illegally downloaded and advise her on her best course of action.

This is not really something you should try to handle for your mother yourself. Good luck.
 

tianalight

New member
I got one of these letters today, delivered by UPS. This time, the company is Hunter Killer Productions Inc. Comcast legal department was of no help and basically read off the letter they already sent. I'm not sure what to do. My options are do nothing and wait or file a protective motion to quash or vacate the subpoena. I cannot find that form anywhere on the US District Court of Utah's website. Any advice would be great.
 

Zigner

Senior Member, Non-Attorney
I got one of these letters today, delivered by UPS. This time, the company is Hunter Killer Productions Inc. Comcast legal department was of no help and basically read off the letter they already sent. I'm not sure what to do. My options are do nothing and wait or file a protective motion to quash or vacate the subpoena. I cannot find that form anywhere on the US District Court of Utah's website. Any advice would be great.
Please start your own thread for your own question. Thank you.
 

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