craigslist, Inc. et al v. Autoposterpro, Inc. et al

Filing 16

ORDER by Judge Saundra Brown Armstrong, GRANTING 10 Motion to Expedite Leave to Take Discovery Prior to Rule 26 Conference. Signed by Judge ARMSTRONG on 12/11/08. (lrc, COURT STAFF) (Filed on 12/11/2008) Modified on 12/12/2008 (jlm, COURT STAFF).

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Brian Hennessy (SBN 226721) E-mail: BHennessy@perkinscoie.com Perkins Coie LLP 101 Jefferson Drive Menlo Park, CA 94025-1114 Telephone: (650) 838-4300 Facsimile: (650) 838-4350 Elizabeth L. McDougall, WA Bar No. 27026 (pro hac vice) E-mail: EMcDougall@perkinscoie.com Perkins Coie LLP 1201 Third Avenue, Suite 4800 Seattle, Washington 98101-3099 Telephone: (206) 359-8000 Facsimile: (206) 359-9000 Attorneys for Plaintiff craigslist, Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION craigslist, Inc., a Delaware corporation, Plaintiff, v. Case No. CV 08 05069 SBA DISCOVERY MATTER ORDER GRANTING PLAINTIFF Autoposterpro, Inc., PostingExperts, Inc., John CRAIGSLIST INC.'S ADMINISTRATIVE REQUEST PURSUANT TO LOCAL RULE Doe d/b/a craigslistadsstore.com and craigslistpromoting.com, and Does 2 through 7-11 FOR LEAVE TO TAKE DISCOVERY 25, inclusive, PRIOR TO RULE 26 CONFERENCE Defendants. Date: Time: Dept: Before: Honorable Saundra B. Armstrong The Court, having considered PLAINTIFF CRAIGSLIST INC.'S ADMINISTRATIVE REQUEST PURSUANT TO LOCAL RULE 7-11 FOR LEAVE TO TAKE DISCOVERY PRIOR TO RULE 26 CONFERENCE, hereby GRANTS the motion. Therefore, it is hereby ORDERED as follows: (1) Immediate Discovery -1CASE NO. CV 08 05069 SBA [PROPOSED] ORDER GRANTING LEAVE TO TAKE DISCOVERY PRIOR TO RULE 26 CONFERENCE 40753-0043/LEGAL14951149.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Order. ORDERED that craigslist may serve immediate discovery for the limited purpose of obtaining the names, current and permanent addresses, telephone numbers, and e-mail addresses for all subscribers, registrants, and persons responsible for administering the domain names autoposterpro.com, postingexperts.com, craigslistadsstore.com, and craigslistpromoting.com ("Defendants") or similar information suitable to identify Defendants, including IP addresses used to administer said websites (the "Identifying Information"). ORDERED that craigslist may immediately serve a subpoena on the privacy registrants and internet service providers for autoposterpro.com, postingexperts.com, craigslistadsstore.com, and craigslistpromoting.com, including Domains By Proxy, Inc., Go Daddy.com, Inc., TuCows Inc., Contactprivacy.com, and Startlogic, Inc. (collectively referred to as "Third Parties"), seeking the Identifying Information in the form attached as Exhibit E to the Declaration of Brian P. Hennessy; ORDERED that craigslist must serve on the Third Parties a copy of this Order attached to the subpoena; (2) Identification and Service on Defendants ORDERED that the Third Parties shall identify Defendants within five days of service of the subpoena, and in that five-day period serve Defendants with a copy of the subpoena and this (3) Motions to Quash or Other Objections ORDERED that the Third Parties shall have 15 days from service of the subpoena, to move to quash or otherwise object to the subpoena. Defendants shall have 10 days from service of the subpoena on them, to move to quash or otherwise object to the subpoena. If neither the Third Parties nor Defendants so move or object within these time periods, the Third Parties shall serve the Identifying Information on craigslist within 20 days after the Third Parties served the subpoena on Defendants. (4) Preservation of Evidence ORDERED that the Third Parties and Defendants shall preserve and not destroy all evidence, including but not limited to all Identifying Information. -2CASE NO. CV 08 05069 SBA [PROPOSED] ORDER GRANTING LEAVE TO TAKE DISCOVERY PRIOR TO RULE 26 CONFERENCE 40753-0043/LEGAL14951149.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (5) Scope of Use of the Identifying Information ORDERED that any information disclosed to craigslist in response to the subpoena may be used by it solely for the purpose of protecting its rights in the above-captioned case. Any such information filed with this Court shall conform to Federal Rule of Civil Procedure 5.2 and Civil Local Rule 3-17. IT IS SO ORDERED. Dated this _11th day of December, 2008. Presented by: PERKINS COIE LLP By: /s/ Brian Hennessy Brian Hennessy Attorney for Plaintiff craigslist, Inc. 40753-0043/LEGAL14951149.1 40753-0043/LEGAL14951149.1 -3CASE NO. CV 08 05069 SBA [PROPOSED] ORDER GRANTING LEAVE TO TAKE DISCOVERY PRIOR TO RULE 26 CONFERENCE

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