Tagged, Inc. v. Goldenberg

Filing 16

ORDER GRANTING AS MODIFIED Plaintiff Tagged, Inc.'s Ex Parte Application for Expedited Limited Discovery before Rule 26(f) Conference 11 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 7/24/2013)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

SAN FRANCISCO DIVISION

11
12
13
14
15
16
17
18
19

)
)
)
PLAINTIFF,
)
)
vs.
)
)
ROSTISLAV “ROSS” GOLDENBERG and
)
Does 1 through 200 as alter egos, affiliate
)
spammers, programs, and fraudulently marketed )
websites,
)
)
DEFENDANTS.
)
)
)
TAGGED, INC., a Delaware corporation,

Case No. 3:13-cv-02256 CRB (NC)
[PROPOSED] ORDER GRANTING AS
MODIFIED PLAINTIFF TAGGED,
INC.’S EX PARTE APPLICATION FOR
EXPEDITED LIMITED DISCOVERY
BEFORE RULE 26(f) CONFERENCE

20
21
22
23
24
25
26
27
28
Case No. 13-cv-02256 CRB (NC)
[PROPOSED] ORDER GRANTING PLAINTIFF’S EX PARTE APPLICATION FOR LIMITED EXPEDITED
DISCOVERY BEFORE RULE 26(f) CONFERENCE

1

Having considered all of the papers and evidence presented to the Court by the parties,

2

the Court finds that Tagged has demonstrated good cause to authorize limited expedited discovery

3

prior to the parties’ Rule 26(f) conference. Specifically, Tagged has demonstrated that its efforts to

4

obtain information related to Defendant Rostislav Goldenberg’s activities have been met with

5

resistance and that Mr. Goldenberg continues to engage in the illegal spamming activities

6

complained of in the Complaint. Tagged seeks this limited discovery for the legitimate purpose of

7

identifying the Doe Defendants, understanding the financial relationships among the Defendants,

8

and determining whether expedited injunctive relief is feasible and efficacious.

9
10

Accordingly, Tagged’s Ex Parte Application for Limited Expedited Discovery
is GRANTED AS MODIFIED.

11

Plaintiff shall be entitled to seek the following expedited discovery from defendant

12

Rostislav “Ross” Goldenberg and the third parties Whois.com, eNom, Inc., and Go Daddy, Inc. as

13

to the following categories of information:

14

(1)

The identity and available contact information of internet domains that Goldenberg
and the Affiliate Spammers registered and/or used to assist in creating user accounts
with Tagged;

(2)

The identity and available contact information of the Affiliate Spammers (Does 150) and Affiliate Programs (51-100);

(3)

The identity and available contact information of the adult dating and/or
pornographic websites (Does 101-200) who pay Goldenberg, the Affiliate Programs
and the Affiliate Spammers to direct internet traffic to their websites;

(4)

Financial records, including bank account information, credit card data, and routing
information, of payments to or from Goldenberg and the Doe Defendants;

(5)

Financial records, including bank account information, credit card data, and routing
information, sufficient to identify the source and flow of funds used by Goldenberg
in furtherance of his spamming activities; and

(6)

The identity and all available contact information of those who have registered the
adult dating and/or pornographic domains that pay Goldenberg to direct traffic to
their websites.

15
16
17
18
19
20
21
22
23
24
25
26
27
28

The terms “Affiliate Spammers” and “Affiliate Programs” have the meaning defined in the
complaint filed in this case.
The expedited discovery permitted in this order is limited to the period of time from
January 1, 2012 to the present.
1
Case No. 13-cv-02256 CRB (NC)
[PROPOSED] ORDER GRANTING PLAINTIFF TAGGED, INC.’S EX PARTE APPLICATION FOR LIMITED
EXPEDITED DISCOVERY BEFORE RULE 26(f) CONFERENCE

1

This order does not prevent any party or third party served with a discovery request from

2

seeking a protective order regulating the use of confidential information, or otherwise objecting to

3

the discovery as permitted by law.

of this order. See Civ. L.R. 72-2.

9

13

D

AS MO

thanael
Judge Na

ER

M. Cousin

H

12

RT

11

Nathanael M.ED
Cousins
DER
ORStates Magistrate Judge
United
O
IT IS S
IFIED

NO

10

UNIT
ED

8

R NIA

Date: July 24, 2013

S DISTRICT
TE
C
TA

s

FO

7

S

IT IS SO ORDERED.

RT
U
O

6

LI

5

Any party may object to this nondispositive pretrial order within 14 days of the filing date

A

4

N

D IS T IC T
R

OF

C

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Case No. 13-cv-02256 CRB (NC)
[PROPOSED] ORDER GRANTING PLAINTIFF TAGGED, INC.’S EX PARTE APPLICATION FOR LIMITED
EXPEDITED DISCOVERY BEFORE RULE 26(f) CONFERENCE