Avas Sales Lead Services, Inc. v. John or Jane Doe
| Avas Sales Lead Services, Inc. doing business as Avas Flowers |
| John or Jane Done |
| 1:2021cv01005 |
| July 9, 2021 |
| US District Court for the District of Delaware |
| Maryellen Noreika |
| Assault Libel & Slander |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 5 Amended MOTION to Amend/Correct // Plaintiff's Amended Ex Parte Motion for Leave to Subpoena Facebook, Inc. and Related Third Parties with Declaration - filed by Avas Sales Lead Services, Inc. (Attachments: #1 Exhibit 1 to Declaration, #2 Exhibit 2 to Declaration, #3 Exhibit 3 to Declaration, #4 Exhibit 4 to Declaration, #5 Exhibit 4 to Declaration, #6 Text of Proposed Order Proposed Order)(Warner, Raeann) Modified on 9/1/2021 (dlw). |
Filing 4
ORAL ORDER re #3 Ex Parte MOTION for Leave to Serve Subpoena on Facebook, Inc. and Related Third Parties - Plaintiff's request to conduct third-party discovery prior to a Rule 26(f) conference is DENIED without prejudice to renew at a later stage. Courts in this district have applied the "good cause" standard in cases "where expedited discovery is sought in order to identify unknown or anonymous John Does." Reybold Grp. of Companies, Inc. v. Does 1-20, 323 F.R.D. 205, 208 (D. Del. 2017); see also Vision Films, Inc. v. John Does 1-24, No. 12-1746-LPS-SRF, 2013 WL 1163988, at *3 (D. Del. Mar. 20, 2013). To determine whether good cause exists, one relevant factor is whether Plaintiff "has no other way to identify the alleged wrongdoers, aside from obtaining the discovery at issue." Reybold, 323 F.R.D. at 208. Plaintiff asserts that it has reached out to Doe via Facebook without response (D.I. 1 paragraph 30), but the Court is not convinced that Plaintiff has exhausted other means of identifying the individual (or information that could assist in identifying the individual). See, e.g., Strike 3 Holdings, LLC v. Doe, No. 18-895-LPS, 2018 WL 5024168 (D. Del. Oct. 17, 2018) (plaintiff hired private investigators to determine IP addresses of alleged copyright infringers). After attempting additional efforts to identify Doe, if Plaintiff remains unsuccessful, Plaintiff may refile its motion with a recitation of the additional efforts and a showing of why Plaintiff has "no other way" to identify Doe without the requested subpoena. ORDERED by Judge Maryellen Noreika on 8/19/2021. (dlw)
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| CORRECTING ENTRY: The main document at D.I. 3 has been replaced. The citations now appear in line and not in footnotes, pursuant to Judge Noreika's Preferences and Procedures. In addition, Exhibit 1-5 to the declaration have been added as an attachment to the filing. (dlw) |
| Filing 3 Ex Parte MOTION for Leave to Serve Subpoena on Facebook, Inc. and Related Third Parties - filed by Avas Sales Lead Services, Inc. (Attachments: #1 Exhibit A, #2 Text of Proposed Order Proposed Order)(Warner, Raeann) Modified on 8/9/2021 (dlw). (Main Document 3 replaced on 8/11/2021) (dlw). (Additional attachment(s) added on 8/11/2021: #3 Exhibit 1-5 to Declaration) (dlw). |
| Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mal) |
| Filing 1 COMPLAINT filed with Jury Demand against John or Jane Done - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3653810.) - filed by Avas Sales Lead Services, Inc.. (Attachments: #1 Verification to Complaint, #2 Civil Cover Sheet)(mal) |
| No Summons Issued. (mal) |
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| Plaintiff: Avas Sales Lead Services, Inc. doing business as Avas Flowers | |
| Represented By: | Raeann Warner |
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| Defendant: John or Jane Done | |
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