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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102320
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I've a cobbler Nevada, LLC's case that was send to me. And

Customer Question

Hello I've a cobbler Nevada, LLC's case that was send to me. And it says comcast will provide the your name, address and other information, unless you file a motion to quash or vacate the subpoena in the court where the subpoena was issued no later than October 26, 2105.
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this. Can you please tell me:

1) What Court is this in? As in, "U.S. District Court, District of Nevada?" Or another court? Please be specific.

2) What exactly are you asking about this situation, i.e. what is your question?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
United States District Court for the Northern District of Illinois
Customer: replied 1 year ago.
I wanted to motion to quash or vacate the subpoena, how do i do that?
Expert:  Ely replied 1 year ago.

Thank you.

Customer: replied 1 year ago.
I'm actually at work and it would be hard for me to call.
Expert:  Ely replied 1 year ago.

This is in federal court. The Plaintiff is asking your ISP to match the IP information with your name, probably because they want to add you as a Defendant for downloading copyrighted material without permission.

One can file a Motion to Quash the subpoena, but doing so does not guarantee that it will be approved - it merely asks the Court to quash it. I am providing an example of such a subpoena HERE. Another one HERE.

The Court will quash a subpoena if it is too burdensome, irrelevant, etc. See HERE and read over that carefully to see various grounds for requesting that it be quashed.

Finally, since they are asking for your identity, you may wish to use an attorney to ensure that your identity is not compromised.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 1 year ago.
according to the lawsuit it saying to answer before oct 26, 2015
Customer: replied 1 year ago.
Can this be submitted in one day
Expert:  Ely replied 1 year ago.

Yes. So if there is still time, then yes. Normally, one would want to submit it as early as possible but even if the deadline is passed, one can still attempt it (and it has not passed yet, it seems).

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
Also if comcast gives out my information what is the amount they will ask for
Customer: replied 1 year ago.
i am really new to this and trying to find out as i go
Customer: replied 1 year ago.
Can I submit the motion to quash or vacate the subpoena myself
Expert:  Ely replied 1 year ago.

I understand, no worries.

I cannot know what they are asking for because I do not know what they are alleging. I am sorry.

The motion can be submitted yourself, however because they are after YOUR IDENTITY, filing a subpoena under your name is ***** ***** It is recommended to use counsel, then.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
Would you like to take a look at the document i was provided
Expert:  Ely replied 1 year ago.

You can upload them if you'd like, but unless there is a copy of the Plaintiff's complaint with it, I would not be able to tell you much more than what I have already stated, I am afraid.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
which lawyer should i talk to about this
Customer: replied 1 year ago.
how much do these lawyers cost to represent you
Expert:  Ely replied 1 year ago.

A "general practice" or a "civil litigation" attorney. Fees vary but I would budget for at least $1,500 or more for the motion.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
oh wow! How much is it usually to settle. I just read that times it could be cheaper to seetle
Expert:  Ely replied 1 year ago.

I really could not tell you because I do not know the basis of the suit. I'd have to see the complaint just to see what they are alleging. I am sorry. So I cannot guess.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

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