Key Insight: Court granted motion for expedited discovery to issue subpoenas to relevant ISPs seeking information sufficient to identify Doe defendants
Nature of Case: Copyright infringement
Electronic Data Involved: Identifying information from ISP
Key Insight: Following discussion of the breadth of original requests and subsequent narrowing of scope, court addressed duty of defendant to produce evidence from third-party who provided defendant with mortgage-related documents and from independent agents and ordered production from those parties where evidence indicated that at least some agents had contractually agreed to produce documents thus evidencing defendant?s control and where provider of mortgage-documents did not object to disclosure
Nature of Case: Class action
Electronic Data Involved: ESI from third parties
Key Insight: Court granted motion for expedited discovery allowing plaintiff to serve Rule 45 subpoenas on ISPs to obtain information sufficient to identify Doe defendants
Nature of Case: Copyright infringement
Electronic Data Involved: Names of ISP subscribers
Key Insight: Court granted in part motion to quash subpoena seeking forensic investigation of non-party?s personal computer and ordered the subpoena be modified to allow a forensic investigator to search for the singular piece of evidence at issue and related metadata and to allow the non-party to be present and to bring her own expert to observe during the forensic examination, among other things
Nature of Case: Employment discrimination
Electronic Data Involved: Hard Drive
Key Insight: Plaintiff?s motion for leave to take immediate discovery to obtain information sufficient to identify Does 1-59 (by serving subpoenas upon their internet service providers and cable providers) was granted where plaintiff identified the missing parties with sufficient specificity to allow the court to determine that the parties could be sued in federal court, where there were no other means by which plaintiff could obtain the information sought, and where plaintiff?s action could withstand a motion to dismiss
Nature of Case: Unlawful access to stored communications and copyright infringement
Electronic Data Involved: Name of subscriber
Key Insight: Undertaking the appropriate comity analysis and finding that only two of seven factors weighed in favor of plaintiffs and that every other favor weighed in favor of the non-party banks, court denied motion to compel production of banking records of non-party Chinese banks
Nature of Case: Trademark infringement
Electronic Data Involved: Banking records
Key Insight: Court granted motion to serve expedited discovery on Doe #1?s Internet Service Provider seeking information sufficient to identify the Doe for service but severed Does 2-2099 from the case upon finding that they had been improperly joined
Nature of Case: Copyright infringement
Electronic Data Involved: Identifying information for ISP subscribers
Key Insight: Where 3rd party established the burden of responding to defendant?s subpoena, including that compliance would result in a total cost of approximately $118,000, the court ordered defendant to bear the reasonable cost of the 3rd party?s compliance with the subpoena, subject to the conditions set forth by the court
Nature of Case: Breach of contract
Electronic Data Involved: ESI
Key Insight: Court found plaintiff had shown good cause and granted motion to serve expedited discovery on the identified Internet Service Providers of Does 1-21 for the purpose of learning the identity of the Does for service
Nature of Case: Copyright infringement
Electronic Data Involved: Names and contact information for ISP subscribers
Key Insight: Court found reasonable expectation of privacy existed as to cumulative cell-site-location records such that they were protected by the Fourth Amendment and denied the Government?s motion pursuant to 18 U.S.C. ? 2703(c)(1) and (d) which sought two orders directing Verizon Wireless to disclose the cell-site-location records pursuant to the Stored Communications Act
Electronic Data Involved: Cell-site-location records
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